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FISHER v. METROPOLITAN LIFE INS. CO.

No. 89-4365 Summary Calendar.

895 F.2d 1073 (1990)

Bertice D. FISHER, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, A Corporation, and Ingalls Shipbuilding Division, Litton Systems, Inc. and Litton Industries, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 9, 1990.

Attorney(s) appearing for the Case

C.R. McRae, Margaret P. Ellis, Pascagoula, Miss., Lawrence E. Abernathy, III, Laurel, Miss., for plaintiff-appellant.

Frederick B. Feeney, II, Richard P. Salloum, Gulfport, Miss., James M. Lenaghan, William J. Toppeta, New York City, for Metropolitan Life.

Karl Wisenburg, William F. Jordan, Pascagoula, Miss., for Ingalls and Litton.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

POLITZ, Circuit Judge:

Following dismissal of his amended complaint on grounds of ERISA preemption the district court granted Bertice Fisher leave to file a second amended complaint stating claims arising under ERISA. The court then dismissed Fisher's second amended complaint in part for failure to name the Plan administrator as an indispensable party and in part on summary judgment. Finding no error warranting reversal, we affirm.

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