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FONTENOT v. NL INDUSTRIES, INC.

No. 01-93-00184-CV.

877 S.W.2d 339 (1993)

John E. FONTENOT, Appellant, v. NL INDUSTRIES, INC. and Theodore C. Rogers, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied December 23, 1993.

Rehearing Overruled March 17, 1994.

Attorney(s) appearing for the Case

William H. Bruckner, Sylvia Davidow, Robin S. Littman, Bruckner & Sykes, L.L.P., Houston, for appellant.

Jack G. Carnegie, Tom Bayko, Holtzman & Urquhart, Houston, for appellees.

Before COHEN, MIRABAL and ANDELL, JJ.

OPINION

COHEN, Justice.

Fontenot appeals from a take-nothing summary judgment. We affirm.

Appellant originally sued for damages in federal court under the Employee Retirement Income Security Act (ERISA), claiming benefits under the NL Industries, Inc. Senior Executive Severance Plan (the Plan). NL moved for summary judgment pursuant to Fed.R.Civ.P. 56, asserting the Plan was not covered by ERISA...

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