IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 01-40904
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DERREL A. BAKER; ET AL.,
Plaintiffs,
DERREL A. BAKER; PHILIP H. BISHOP;
REBECCA DAVIS; TERRY EDWARDS; GAY
PATRICK; JOHN PERRIN; KIRDES SCHUBERT, JR.;
BETTY SHARPLIN; CAROL HERZIG, wife of
Darrell Herzig deceased,
Plaintiffs-Appellants,
versus
KERR-MCGEE CORPORATION,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:00-CV-103
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August 15, 2002
Before JOLLY, DUHÉ, and DENNIS, Circuit Judges.
PER CURIAM:*
In this case, the plaintiffs have failed to produce any
competent evidence showing that, at the time they opted to take
early retirement, a merger between Oryx and Kerr-McGee was under
consideration or that any substantive discussion had occurred
between the parties. Consequently, no duty to inform the
*
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this opinion should not be published and is not precedent except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.
plaintiffs of the merger arose under ERISA, and the district court
properly granted summary judgment in favor of Kerr-McGee on the
plaintiffs’ ERISA claims. In addition, we find no abuse of
discretion in the denial of the plaintiffs’ motions to compel
production of documents or their related motion for a continuance
under Fed. R. Civ. P. 56(f). Accordingly, the judgment of the
district court is
AFFIRMED.