Fulghum, et al v. Embarq Corporation, et al

Fulghum, et al v. Embarq Corporation, et al

Plaintiff - Appellant:	WILLIAM DOUGLAS FULGHUM, DORSEY DANIEL, JOHN DOUGLAS HOLLINGSWORTH, WILLIE DORMAN, ROBERT E. KING, CALVIN BRUCE JOYNER, TIMOTHY DILLON, SUE BARNES, WILLIAM GAMES, BETSY BULLOCK, KENNETH A. CARPENTER, BETTY A. CARPENTER, CARL W. SOMDAHL, WANDA W. SHIPLEY, LAUDIE COLON MCLAURIN, individually and on behalf of all others similarly situated, JAMES W. BRITT, class representative (deceased), CAROL NELSON, Administrator of the Estate of James W. Britt, BESSIE M. REVEAL, proposed substitute named plaintiffs and class representatives form James W. Britt and DONALD RAY CLARK
Defendant - Appellee:	EMBARQ CORPORATION, EMBARQ RETIREE MEDICAL PLAN, SPRINT NEXTEL CORPORATION, EMBARQ MID-ATLANTIC MANAGEMENT SERVICES COMPANY, FKA Sprint Mid-Atlantic Telecom, Inc., SPRINT RETIREE MEDICAL PLAN, GROUP HEALTH PLAN FOR CERTAIN RETIREES AND EMPLOYEES OF SPRINT CORPORATION, SPRINT WELFARE BENEFIT PLAN FOR RETIREES AND NON-FLEXCARE PARTICIPANTS, SPRINT GROUP LIFE AND LONG-TERM DISABILITY PLANS, CAROLINA TELEPHONE AND TELEGRAPH COMPANY, LLC, FKA Carolina Telephone and Telegraph Company, GROUP LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT AND DEPENDENT LIFE PLAN FOR EMPLOYEES OF CAROLINA TELEPHONE AND TELEGRAPH COMPANY, CAROLINA TELEPHONE AND TELEGRAPH COMPANY VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION SICKNESS DEATH BENEFIT PLAN, RANDALL T. PARKER, as Plan Administrator for all of the Employee Welfare Benefit Plans of Embarq Corporation and Carolina Telephone and Telegraph Company, LLC and EMPLOYEE BENEFITS COMMITTEE OF EMBARQ CORPORATION AS PLAN ADMINISTRATOR OF THE EMBARQ RETIREE MEDICAL PLAN
Case Number:	13-3230
Filed:	September 17, 2013
Court:	U.S. Court of Appeals, Tenth Circuit
Nature of Suit:	Employee Retirement

Opinions

We have the following opinions for this case:

Date Filed	Description
February 24, 2015	Fulghum v. Embarq Corporation
April 27, 2015	Fulghum v. Embarq Corporation

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Available Case Documents

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Date Filed	Document Text
April 27, 2015	Filing 1009421789 [10267196] Affirmed in Part and Reversed in Part. Terminated on the merits after oral hearing. Written, signed, published. Judges Lucero, Murphy (authoring) and Bacharach. Mandate to issue. [13-3230]

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Search for this case: Fulghum, et al v. Embarq Corporation, et al
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Plaintiff - appellant: WILLIAM DOUGLAS FULGHUM
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: DORSEY DANIEL
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: JOHN DOUGLAS HOLLINGSWORTH
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: WILLIE DORMAN
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: ROBERT E. KING
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: CALVIN BRUCE JOYNER
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: TIMOTHY DILLON
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: SUE BARNES
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: WILLIAM GAMES
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: BETSY BULLOCK
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: KENNETH A. CARPENTER
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: BETTY A. CARPENTER
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: CARL W. SOMDAHL
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: WANDA W. SHIPLEY
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: LAUDIE COLON MCLAURIN, individually and on behalf of all others similarly situated
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: JAMES W. BRITT, class representative (deceased)
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: CAROL NELSON, Administrator of the Estate of James W. Britt
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: BESSIE M. REVEAL, proposed substitute named plaintiffs and class representatives form James W. Britt
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Plaintiff - appellant: DONALD RAY CLARK
Represented By:	Amii N. Castle
Represented By:	Stewart W. Fisher
Represented By:	R. Douglas Gentile
Represented By:	Bruce Keplinger
Represented By:	Scott Michael Lempert
Represented By:	Christopher J. Lucas
Represented By:	Diane Nygaard
Represented By:	Mary C. O'Connell
Represented By:	Adele Rapport
Represented By:	Alan M. Sandals
Represented By:	Richard Talbot Seymour
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Defendant - appellee: EMBARQ CORPORATION
Represented By:	Michael B. Carroll
Represented By:	Scott C. Hecht
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
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Defendant - appellee: EMBARQ RETIREE MEDICAL PLAN
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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Defendant - appellee: SPRINT NEXTEL CORPORATION
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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Defendant - appellee: EMBARQ MID-ATLANTIC MANAGEMENT SERVICES COMPANY, FKA Sprint Mid-Atlantic Telecom, Inc.
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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Defendant - appellee: SPRINT RETIREE MEDICAL PLAN
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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Defendant - appellee: GROUP HEALTH PLAN FOR CERTAIN RETIREES AND EMPLOYEES OF SPRINT CORPORATION
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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Defendant - appellee: SPRINT WELFARE BENEFIT PLAN FOR RETIREES AND NON-FLEXCARE PARTICIPANTS
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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Defendant - appellee: SPRINT GROUP LIFE AND LONG-TERM DISABILITY PLANS
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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Defendant - appellee: CAROLINA TELEPHONE AND TELEGRAPH COMPANY, LLC, FKA Carolina Telephone and Telegraph Company
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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Defendant - appellee: GROUP LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT AND DEPENDENT LIFE PLAN FOR EMPLOYEES OF CAROLINA TELEPHONE AND TELEGRAPH COMPANY
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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Defendant - appellee: CAROLINA TELEPHONE AND TELEGRAPH COMPANY VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION SICKNESS DEATH BENEFIT PLAN
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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Defendant - appellee: RANDALL T. PARKER, as Plan Administrator for all of the Employee Welfare Benefit Plans of Embarq Corporation and Carolina Telephone and Telegraph Company, LLC
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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Defendant - appellee: EMPLOYEE BENEFITS COMMITTEE OF EMBARQ CORPORATION AS PLAN ADMINISTRATOR OF THE EMBARQ RETIREE MEDICAL PLAN
Represented By:	Michael L. Banks
Represented By:	Michael B. Carroll
Represented By:	Joseph J. Costello
Represented By:	Scott C. Hecht
Represented By:	Mark D. Hinderks
Represented By:	Christopher J. Koenigs
Represented By:	Christopher J. Leopold
Represented By:	Brian K. O'Bleness
Represented By:	James P. Walsh
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