BOGGS v. BOGGS

No. 94-30178.

82 F.3d 90 (1996)

Sandra Jean Dale BOGGS, Plaintiff-Appellant, v. Thomas F. BOGGS, Harry P. Boggs and David B. Boggs, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 17, 1996.


Attorney(s) appearing for the Case

Marian M. Livaudais, Livaudais & Livaudais, Mandeville, LA, James F. Willeford, New Orleans, for appellant.

Susan Rees, Plan Benefits Security Division, N-4611, Office of Solicitor, U.S. Dept. of Labor., Washington, DC, amicus curiae.

Thomas F. Boggs, Monroe, LA, pro se.

Guy L. Deano, Jr., Deano & Deano, Mandeville, LA, for Harry Boggs & David Boggs.

Before WISDOM, KING and DUHÉ, Circuit Judges.


WISDOM, Circuit Judge.

Sandra Boggs, the plaintiff/appellant, seeks a declaratory judgment that the Employee Retirement Income Act of 1974 (ERISA) preempts Louisiana community property law and, thereby, prevents the creation of a community property interest in ERISA-qualified retirement benefit plans. The district court rejected the plaintiff's contention and denied her request for a declaratory judgment. We agree with the district court's decision. We AFFIRM.

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