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JENKINS v. MONTGOMERY INDUSTRIES, INC.

No. 95-1095.

77 F.3d 740 (1996)

Marshall JENKINS, Plaintiff-Appellee, v. MONTGOMERY INDUSTRIES, INCORPORATED; Carolina Benefit Administrators, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1996.

Rehearing Granted in Part; Opinion Vacated April 1, 1996.

Attorney(s) appearing for the Case

ARGUED: Howard Michael Bowers, Young, Clement, Rivers & Tisdale, L.L.P., Charleston, South Carolina, for Appellants. George John Morris, Charleston, South Carolina, for Appellee. ON BRIEF: Stephen P. Groves, Sr., Amy R. Jordan, Young, Clement, Rivers & Tisdale, L.L.P., Charleston, South Carolina, for Appellants.

Before MURNAGHAN and MICHAEL, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge MICHAEL and Senior Judge MICHAEL joined.

OPINION

MURNAGHAN, Circuit Judge:

Marshall Jenkins, as an employee at a South Carolina warehouse owned by Montgomery Industries, Inc., was covered by the company's employee benefit and health care plan,1 which was subject to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. ...

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