United States Fifth Circuit

Decedent's increased benefits never became effective under the employee life insurance plan because he was not actively at work when he increased his benefits; take-nothing judgment against plaintiffs with respect to their ERISA claims is affirmed. Summary judgment for defendant with respect to state law claims was premature.

Appellate Information

• Decided 04/12/2004
• Published 04/09/2004

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, WIENER, and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Hanson Barr, Jr. (argued), Bracewell & Patterson, Houston, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• Lawrence Keith Wolff, Metropolitan Life Ins. Co., New York City, Linda G. Moore (argued), Kirkpatrick & Lockhart, Dallas, TX, for Defendant-Appellee.