Verizon Empl Bnft v. Frawley

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 17, 2009
No. 08-10193 Charles R. Fulbruge III
Consolidated w/ No. 08-10540 Clerk
THE VERIZON EMPLOYEE BENEFITS COMMITTEE
Plaintiff - Appellant-Cross-Appellee
v.
MICHAEL FRAWLEY
Defendant - Appellee-Cross-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CV-2105
Before GARZA and PRADO, Circuit Judges.*
PER CURIAM:**
AFFIRMED. See 5 TH C IR. R. 47.6.
*
Judge HIGGINBOTHAM heard argument in this case but thereafter recused. The
case is being decided by a quorum. 28 U.S.C. § 46(d).
**
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.