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RODRIGUE v. WESTERN AND SOUTHERN LIFE INS. CO.

No. 91-3553 Summary Calendar.

948 F.2d 969 (1991)

Paul RODRIGUE, Plaintiff-Appellant, v. The WESTERN AND SOUTHERN LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 18, 1991.

Attorney(s) appearing for the Case

William R. Mustian, III, Stanga & Mustian, Metairie, La., for plaintiff-appellant.

Joni McNamara Parent, Raymond Joseph Salassi, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for defendant-appellee.

Before JONES, DUHÉ, and WIENER, Circuit Judges.

DUHÉ, Circuit Judge:

This appeal from the grant of summary judgment asks the question: Does the Louisiana law of equitable estoppel apply to a claim under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461? We hold that it does not.

There are no material facts in dispute.

Appellant Rodrigue was an employee of Appellee Western and Southern Life Insurance Company. Western and Southern provided an Employee Welfare Benefit...

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