Verizon Empl Bnft v. Frawley, No. 08-10193 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 17, 2009 No. 08-10193 Consolidated w/ No. 08-10540 Charles R. Fulbruge III 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. ยง 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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