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BIRDSONG v. WROTENBERY

No. 89-1258.

901 F.2d 1270 (1990)

John R. BIRDSONG, et al., Plaintiffs-Appellees, v. Paul T. WROTENBERY, As Chairman of the Texas State Board of Insurance, et al., Defendants-Appellants. AMERICAN AIRLINES, INC., et al., Plaintiffs-Appellees, v. Paul T. WROTENBERY, As Chairman of the Texas State Board of Insurance, et al., Defendants-Appellants. Dan HARDING, As Plan Administrator of the Texas Children's Hospital Health & Dental Plan, et al., Plaintiffs-Appellees, v. Paul T. WROTENBERY, As Chairman of the Texas State Board of Insurance, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 29, 1990.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Donald G. Barlow, Asst. Atty. Gen., and Marianne S. Dwight, Atty. General's Office, Austin, Tex., for defendants-appellants.

Harry M. Reasoner, W. Carl Jordan, Vinson & Elkins, Houston, Tex., Andrew W. Austin, Vinson & Elkins, Austin, Tex., Jasper G. Taylor, III, Fulbright & Jaworski, Houston, Tex., Michael T. Powell, Locke, Purnell, Rain, Harrell, H. Gene Emery, Locke Purnell Rain Harrell, Dallas, Tex., Barry K. Green, Fulbright & Jaworski, Richard W. Alexander, Mary A. Keeney, Johnson & Gibbs, Austin, Tex., Carl L. Taylor, Johnson & Gibbs, Washington, D.C., William B. McClure, Jr., Johnson & Swanson, Dallas, Tex., Kemp W. Gorthey, Winstead, McGuire, Sechrest & Minick, and Richard D. Milvenan, Austin, Tex., for plaintiffs-appellees.

Before GARZA, GARWOOD and JOLLY, Circuit Judges.

GARZA, Circuit Judge:

Finding a failure to properly file a notice of appeal, resulting in this Court not having jurisdiction, the above action is hereby DISMISSED.

I. Pertinent Procedure.

Plaintiffs filed a lawsuit in March of 1988 seeking declaratory, injunctive and other equitable relief under 29 U.S.C. § 1132(a)(3). Alleging that Texas' Administrative Services Tax ("ASTA") was preempted by section 514 of ERISA and violated the supremacy clause...

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