SHEARER v. SOUTHWEST SERVICE LIFE INS. CO.

No. 07-20646. Summary Calendar.

516 F.3d 276 (2008)

Lance SHEARER, Plaintiff-Appellant, v. SOUTHWEST SERVICE LIFE INSURANCE COMPANY; Virginia Surety Life Insurance Company; Richard Sanders, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 31, 2008.


Attorney(s) appearing for the Case

Edwin King Nelson, IV, Houston, TX, for Shearer.

David Henry Martin, Malesovas & Martin, Waco, TX, for Southwest Serv. Life Ins. Co.

Dana Lynn Minissale, Gerstle, Minissale, Snelson, Dallas, TX, for Sanders.

Before JOLLY, PRADO and SOUTHWICK, Circuit Judges.


PRADO, Circuit Judge:

Following the dismissal of his lawsuit by the district court, Plaintiff-Appellant Lance Shearer ("Shearer") filed this appeal and argues that the district court lacked subject matter jurisdiction over the case. At issue is whether the insurance policy underlying this suit is covered by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. Because Shearer's employer did no more than pay the premiums on...

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