Legal Opinion

Rivers v. Central & South West Corp.

Court of Appeals for the Fifth Circuit

Decided September 7, 1999No. 98-31112PublishedCited by 41 opinions

1Opinion of the Court

REYNALDO G. GARZA, Circuit Judge:

Rheba Hawthorne Franklin Rivers (“Rivers”) seeks a judgment awarding her a portion of the pension benefits currently being paid to the second wife, and widow, of pension plan participant Perry Franklin (“Franklin”). Rivers, Franklin’s ex-wife, asserts that she is both a “participant” and “beneficiary” as contemplated under ERISA and that the district court erred by determining that Franklin’s pension benefits had irrevocably vested in his second wife. Finding no error in the district court’s rationale, we affirm.

I

Rivers and Franklin were married on February 2,…

2Cases cited5 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
  3. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  4. Jeffrey M. Duffy v. Leading Edge Products, Inc.Court of Appeals for the Fifth Circuit · 1995
  5. Vera Mae Hopkins v. At & T Global Information Solutions Company, Formerly Known as Ncr CorporationCourt of Appeals for the Fourth Circuit · 1997

3Cited by41 opinions

  1. Peter Clayton McClendon v. City of Columbia, City of Columbia James R. CarneyCourt of Appeals for the Fifth Circuit · 2002
  2. Stahl v. Novartis Pharmaceuticals Corp.Court of Appeals for the Fifth Circuit · 2002
  3. Carmona v. CarmonaCourt of Appeals for the Ninth Circuit · 2010
  4. Rhoades v. CaseyCourt of Appeals for the Fifth Circuit · 1999
  5. Instone Travel Tech Marine & Offshore v. International Shipping Partners, Inc.Court of Appeals for the Fifth Circuit · 2003

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