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MARTINEZ v. SCHLUMBERGER, LTD.

No. 02-20173.

338 F.3d 407 (2003)

William MARTINEZ; Frank Ditta; and Lafayette Kirksey, Plaintiffs-Appellants, v. SCHLUMBERGER, LTD.; and Schlumberger Technology Corp., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 9, 2003.

Attorney(s) appearing for the Case

Martin A. Shellist (argued), Shellist, Lore & Lazarz, Houston, TX, for Plaintiffs-Appellants.

Tony P. Rosenstein, Katherine Traverse Vukadin (argued), Baker Botts, Houston, TX, for Defendants-Appellees.

Before HIGGINBOTHAM, EMILIO M. GARZA and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case presents the question whether the Employee Retirement Income Security Act of 1974 ("ERISA")1 imposes upon a company that acts as administrator of its employee benefit program a duty to truthfully disclose, upon inquiry from plan participants or beneficiaries, whether it is considering amending the benefit plan. Although the majority of other circuits have already confronted this issue,...

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