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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.