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CLIBURN v. POLICE JURY ASS'N OF LOUISIANA, INC.

No. 98-30544.

165 F.3d 315 (1999)

David H. CLIBURN, Plaintiff-Appellant, v. POLICE JURY ASSOCIATION OF LOUISIANA, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 15, 1999.

Attorney(s) appearing for the Case

Thomas McCabe Lockwood, III, Baton Rouge, LA, for Plaintiff-Appellant,

Peter Larkin Doran, Simmons & Hubbard, Jackson, MS, William J. Doran, Jr., Baton Rouge, LA, for Defendant-Appellee.

Before HIGGINBOTHAM, DUHÉ and DeMOSS, Circuit Judges.

PER CURIAM:

Appellant David Cliburn filed an ERISA claim against Appellee Police Jury Association of Louisiana, Inc. The suit was dismissed for lack of subject matter jurisdiction, on the grounds that Cliburn sought participation in a "governmental plan" not covered by the statute. See 29 U.S.C. §§ 1002(32); 1003(b). Cliburn does not appeal from this dismissal. Following dismissal, the Police Jury Association requested attorneys' fees, costs, and...

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