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MURPHY v. INEXCO OIL CO.

Nos. 77-1689, 77-3254.

611 F.2d 570 (1980)

J. P. MURPHY, Plaintiff-Appellant, v. INEXCO OIL COMPANY et al., Defendants-Appellees. J. P. MURPHY, Plaintiff-Appellant, v. INEXCO OIL COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 8, 1980.

Attorney(s) appearing for the Case

Sam E. Rowland, Houston, Tex., for plaintiff-appellant.

Frank J. Knapp, Houston, Tex., for Inexco, Westland, August, Tinker & Gill.

Fletcher Etheridge, Arthur S. Berner, Houston, Tex., for Wolf, Land, Wolf & Goodwin.

Before FAY, RUBIN and HATCHETT, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

An employee's claim that a bonus plan created by his employer violated the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1381 (ERISA), was dismissed for want of jurisdiction on the basis that the plan was not within the coverage of ERISA. Because a federal court has jurisdiction to decide whether a claim to ERISA coverage has merit, we reverse the dismissal. However, because the question of ERISA coverage...

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