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TOLBERT v. RBC CAPITAL MARKETS CORP.

No. 13-20213.

758 F.3d 619 (2014)

Brenda TOLBERT; Joseph Rice Neuhaus, Jr.; and Lawrence Gift, Jr., Plaintiffs-Appellants, v. RBC CAPITAL MARKETS CORPORATION, now known as RBC Capital Markets, L.L.C.; RBC Centura Bank, now known as RBC Bank, (USA); RBC U.S. Insurance Services, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 14, 2014.

Attorney(s) appearing for the Case

Stacy R. Obenhaus , Joe B. Harrison (argued), Trial Attorney, William G. Whitehill , Gardere Wynne Sewell, L.L.P., Dallas, TX, Geoffrey Houston Bracken, Esq. , Trial Attorney, Gardere Wynne Sewell, L.L.P., Houston, TX, for Plaintiffs-Appellants.

Sari M. Alamuddin (argued), Christopher Joseph Boran , Morgan, Lewis & Bockius, L.L.P., Chicago, IL, Alison Jacobs Gates , Friedkin Companies, Houston, TX, Allyson Newton Ho , Morgan, Lewis & Bockius, L.L.P., Dallas, TX, for Defendants-Appellees.

Before DAVIS, BARKSDALE, and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

The plaintiffs in this case are former employees of the defendant ("RBC") who participated in a wealth accumulation plan ("WAP") during their periods of employment. Giving rise to this lawsuit, portions of the plaintiffs' WAP accounts were forfeited when the plaintiffs left their jobs at RBC. The plaintiffs allege that the forfeitures amounted to violations of the Employment Retirement Income Security Act ("ERISA"). The district...

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