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WEST v. CLARKE MURPHY, JR. SELF EMPLOYED PEN. PLAN

No. 95-1745.

99 F.3d 166 (1996)

Brian G. WEST, Plaintiff-Appellant, v. CLARKE MURPHY, JR. SELF EMPLOYED PENSION PLAN; Clarke Murphy, Jr., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 5, 1996.

Attorney(s) appearing for the Case

ARGUED: Paul Frederick Newhouse, Towson, Maryland, for Appellant. Robert Richardson Bowie, Jr., Bowie & Jensen, Towson, Maryland, for Appellees.

Before WILKINSON, Chief Judge, ERVIN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge BUTZNER wrote the opinion, in which Chief Judge WILKINSON and Judge ERVIN joined.

OPINION

BUTZNER, Senior Circuit Judge:

In this case we must determine whether a pension plan established by Clarke Murphy, Jr., was an employee plan in which Brian G. West was entitled to benefits under Title I of the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq. West...

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