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E.I. DUPONT DE NEMOURS & CO. v. SAWYER

Nos. 06-20865, 07-40574.

517 F.3d 785 (2008)

E.I. DUPONT DE NEMOURS & CO., Plaintiff-Appellant, v. Gary SAWYER, Defendant-Appellee. Gary Sawyer; Doug Kempf; Peter Barnaba, Sr.; Geoff Rorrev; Tim Gregory; et al., Plaintiffs-Appellees, v. E.I. DuPont de Nemours & Co., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 15, 2008.

Attorney(s) appearing for the Case

Russell Joe Manning (argued), Tom M. Harrison, Marilyn J. Larsen, Hornblower, Manning & Ward, Corpus Christi, TX, for E.I. DuPont de Nemours & Co.

Wade Thomas Howard and Michael Patrick Cash (argued), Winstead P.C., Houston, TX, for Gary Sawyer.

Before KING, BARKSDALE and DENNIS, Circuit Judges.

KING, Circuit Judge:

These appeals arise out of a dispute between E.I. du Pont de Nemours and Company ("DuPont") and former DuPont employees who allege that DuPont fraudulently induced them to terminate their employment and accept employment with a subsidiary that was later sold. In anticipation of a lawsuit from one of the employees, DuPont sought a declaratory judgment under the Employee Retirement Income Security Act ("ERISA"). The district court dismissed for...

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