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McGOWIN v. MANPOWER INTERN., INC.

No. 03-41201 Summary Calendar.

363 F.3d 556 (2004)

Anita McGOWIN, Plaintiff-Appellant, v. MANPOWER INTERNATIONAL, INC.; et al., Defendants, ExxonMobil Chemical Company, Also Known as ExxonMobil Chemical InterAmerica, Inc.; Mobil Chemical Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 5, 2004.

Attorney(s) appearing for the Case

Jane Swearingen Brown, Provost Umphrey, Beaumont, TX, for Plaintiff-Appellant.

Robert J. Hambright, Orgain, Bell & Tucker, Beaumont, TX, David Michael Rivet, Exxon Mobil Corp., Houston, TX, for Defendants-Appellees.

Before SMITH, DeMOSS and STEWART, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Anita McGowin appeals the dismissal of her state law fraud and conspiracy claims for failure to exhaust administrative remedies. The district court held her claims to be completely preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., and decided, as a result, that federal jurisdiction was proper and that McGowin cannot seek relief...

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