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JOSEPH v. NEW ORLEANS ELEC. PENSION

No. 84-3170.

754 F.2d 628 (1985)

Melbourne E. JOSEPH, Sr., et al., Plaintiffs-appellants, v. The NEW ORLEANS ELECTRICAL PENSION & RETIREMENT PLAN, Individually and Its Trustees, et al., Defendants-appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 22, 1985.

Attorney(s) appearing for the Case

Melbourne E. Joseph, Jr., Gulfport, Miss., Diana T. Berman, Arabi, La., James K. Wetzel, Jayne L. Buttross, Gulfport, Miss., for plaintiffs-appellants.

Hess & Washofsky, Dennis M. Angelico, New Orleans, La., Carolyn P. Perry, Baton Rouge, La., for defendants-appellees.

Before GOLDBERG, RUBIN and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 22, 1985.

ALVIN B. RUBIN, Circuit Judge:

Retired members of the New Orleans Electrical Pension and Retirement Plan invoke the Employee Retirement Income Security Act to obtain federal jurisdiction over their claim that the Trustees of the Plan breached duties owed to them under the Act. Because the district court correctly dismissed the complaint on the ground that plaintiffs, after retirement, were not "participants...

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