United States Fifth Circuit

District court's grant of summary judgment as to defendant is affirmed. ERISA does not require employers to define its benefits plans in such a way as to provide coverage for all employees, irrespective of whether they are protected by the ADEA.

Appellate Information

• Decided 11/21/2003
• Published 11/21/2003

Judges

• JERRY E. SMITH, Circuit Judge:, Before JOLLY, SMITH and EMILIO M. GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Barbara Gale Haynie (argued), Kingsmill Riess, Brian Edward Adorno, New Orleans, LA, for Plaintiffs-Appellants., Tony P. Rosenstein (argued), Baker Botts, Houston, TX, for ExxonMobil Corp.


• For Appellees:
  
• Robert Beattie McNeal, Monica Levine Lacks, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Defendants-Appellees.