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OPINION

This is an appeal from a summary judgment granted in favor of appellee, Catherine Glaze Heggy (“Catherine”). The underlying suit involves an interpleader action filed by American Trading Employee Retirement Account Plan (“American”) to determine entitlement to pension benefits earned by deceased Robert Heggy (“Robert”). Arguing existence of fact issues and federal preemption, appellant, Jean Heggy (“Jean”), contests the trial court’s order directing American to pay all retirement benefits to Catherine.*fn1 Following appellee’s motion for rehearing, we withdraw our previous unpublished opinion of May 17, 2001 and grant appellee’s motion for rehearing. We will reverse and remand for further proceedings in the trial court.

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