No. 89-5509.

890 F.2d 760 (1989)

Peter RAMIREZ, Jr., Plaintiff-Appellant, Cross-Appellee, v. INTER-CONTINENTAL HOTELS, d/b/a St. Anthony Hotel, and the Travelers Insurance Company, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

December 18, 1989.

Attorney(s) appearing for the Case

Samuel H. Bayless, Jack Paul Leon and Jon Christian Amberson, San Antonio, Tex., for plaintiff-appellant, cross-appellee.

Jack B. Hebdon, Groce, Locke & Hebdon, Thomas J. Smith, Smith, Barshop, Stoffer & Millsap, San Antonio, Tex., and Douglas E. Hamel, Vinson & Elkins, Houston, Tex., for defendants-appellees, cross-appellants.

Before GEE, JONES and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Plaintiff Peter Ramirez, Jr., filed suit in Texas state court, asserting various contract, tort, and statutory causes of action against his former employer, Inter-Continental Hotels ("Inter-Continental"), and its insurance carrier, The Travelers Insurance Company ("Travelers"). Defendants removed the case to federal district court, basing jurisdiction upon the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §...

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