United States Tenth Circuit

Employee's ERISA claims were properly dismissed where he failed to adequately allege any ERISA violation, and identified no form of relief (equitable or otherwise) to which he would be entitled under ERISA where he had already received (albeit belatedly) the full benefits owed him; state law claims were preempted by ERISA.

Appellate Information

• Decided 05/29/2002
• Published 05/29/2002

Judges

• STEPHEN H. ANDERSON, Circuit Judge., Before HENRY, ANDERSON, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• C. John Cotton,Cotton Law Offices, Gillette, WY, for Plaintiff-Appellant.


• For Appellees:
  
• Stuart B. Johnston, Jr., Vinson & Elkins, LLP, Dallas, Texas (Anissa A. Allbritton, Vinson & Elkins, LLP, Austin, Texas;  and Roger E. Shumate, Murane & Bostwick, LLC, Casper, Wyoming, with him on the brief), for Halliburton Defendants-Appellees., Michael S. Beaver (Parker W. Dragovich with him on the brief), Holland & Hart, LLP, Greenwood Village, Colorado, for Hartford Defendant-Appellee.