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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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