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FONTENOT v. NL INDUSTRIES, INC.

No. 91-2731 Summary Calendar.

953 F.2d 960 (1992)

John E. FONTENOT, Plaintiff-Appellant, v. NL INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 19, 1992.

Attorney(s) appearing for the Case

William H. Bruckner, Sylvia Davidow, Bruckner & Sykes, Houston, Tex., for John E. Fontenot.

Jack G. Carnegie, Emil T. Baydo, Christina Richard, Holtzman & Urquhart, Houston, Tex., for NL Industries, Inc.

Before GOLDBERG, JOLLY, and JONES, Circuit Judges.

GOLDBERG, Circuit Judge:

This ERISA case is on appeal from the district court's entry of summary judgment in favor of the defendant NL Industries. The district court dismissed plaintiff John E. Fontenot's complaint which alleged that NL Industries had violated ERISA, 29 U.S.C. § 1001, et seq., by excluding him from the company's senior executive severance plan. The court held that the severance plan was not a "plan" within the meaning of ERISA, and accordingly...

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