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CROWELL v. SHELL OIL CO.

No. 07-20270.

541 F.3d 295 (2008)

David CROWELL, Plaintiff-Appellant, v. SHELL OIL CO., formerly known as or doing business as Pennzoil-Quaker State Company; Shell Oil Products LLC, formerly known as or doing business as Pennzoil-Quaker State Company, also known as Sopus Products; Pennzoil-Quaker State Company; Kelley Lang; Pennzoil-Quaker State Company Employees Retirement Plan, Defendants-Appellees. Paul B. Siegel, Plaintiff-Appellant, v. Shell Oil Company, formerly known as Pennzoil-Quaker State Company; Shell Oil Products LLC, also known as Sopus Products, formerly known as Pennzoil-Quaker State Company; Pennzoil-Quaker State Company; Kelley Lang; Shell Pension Plan, formerly known as Pennzoil-Quaker State Company Employees Retirement Plan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 14, 2008.

Attorney(s) appearing for the Case

William Fulton Broemer, Broemer & Associates, Houston, TX, for Plantiffs-Appellants.

W. Carl Jordan, Sean Michael Becker, Vinson & Elkins, Houston, TX, for Defendants-Appellees.

Before KING, HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Former employees of Pennzoil, David Crowell and Paul Siegel, were terminated when the company changed control. Under Letters of Agreement referring to their retirement and savings plan, they received a cash payment when the company merged with Shell. They filed separate suits, urging that Defendants underpaid them and that state law applied. The district courts found that the agreement was governed by ERISA and consolidated...

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