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MITCHELL ENERGY & DEVELOPMENT CORP. v. FAIN

No. 01-21265 Summary Calendar.

311 F.3d 685 (2002)

MITCHELL ENERGY & DEVELOPMENT CORPORATION, Plaintiff-Appellee, v. Vada L. FAIN; Lester G. Trollinger; John F. Wilkins; Greer H. Yoes, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 19, 2002.

Attorney(s) appearing for the Case

Matthew L. Hoeg, Laura A. Hanley, Andrews & Kurth Mayor, Day, Caldwell & Keeton, Houston, TX, for Plaintiff-Appellee.

William Fulton Broemer, Shannon B. Ross, Broemer & Associates, Houston, TX, for Defendants-Appellants.

Mary Ellen Signorille, AARP Foundation, Washington, DC, for AARP and National Employment Law Project, Amici Curiae.

Christopher D. Livingston, Jewell Ada Patricio, Austin, TX, for States of Texas, Louisiana, Mississippi, Alabama, California, Connecticut, Nevada, Oregon and West Virginia, Amici Curiae.

Ellen Leslie Beard, Allen Howard Feldman, Nathaniel I. Spiller, U.S. Dept. of Labor, Washington, DC, for Elaine Chao, Secretary, Dept. of Labor, Amicus Curiae.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.

CLEMENT, Circuit Judge:

The parties to this appeal raise several questions: whether Mitchell Energy & Development Corporation (MEDC) is a fiduciary of its Voluntary Incentive Retirement Program (VIRP); whether the Texas prohibition on waivers of claims for unemployment compensation, TEX. LAB.CODE § 207.071 (Vernon 1996), "relates to" employee benefit plans and is thus preempted by the Employee Retirement Income Security Act of 1974 (ERISA); whether the United...

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