Fifth Circuit: Judge allowed to vacate other judge's ruling

By John O'Brien | Apr 18, 2012

NEW ORLEANS (Legal Newsline) - A federal judge had the authority to overturn a colleague's findings in a class action lawsuit over a change in discounts given to employees and retirees of a phone company, an appeals court has ruled.

U.S. District Judge Xavier Rodriguez, of Texas' western district, ruled that the discount plan offered to employees and retirees of SBC Communications, which became AT&T, should not be classified as retirement benefits. He did this after Judge William Justice had ruled that it was a benefits plan.

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