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SMITH v. REGIONAL TRANSIT AUTHORITY

No. 15-31001.

827 F.3d 412 (2016)

Mary SMITH; Pamela Bagneris Batiste; Robert Bookman; Kenneth Bourgeois; James Brown, Jr., Plaintiffs-Appellants, v. REGIONAL TRANSIT AUTHORITY; Transit Management of Southeast Louisiana, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed June 28, 2016.

Attorney(s) appearing for the Case

James M. Garner, Esq. , Joshua Paul Clayton , Martha Y. Curtis, Esq. , Sher Garner Cahill Richter Klein & Hilbert, L.L.C., New Orleans, LA, for Plaintiffs-Appellants.

Howard Shapiro, Esq. , Robert Wilkinson Rachal , James Robert Sheppard, III, Esq. , Proskauer, New Orleans, LA, for Defendants-Appellees.

Before REAVLEY, HAYNES, and HIGGINSON, Circuit Judges.

The Plaintiffs-Appellants appeal the district court's grant of summary judgment in favor of Defendants-Appellees. The principal question on appeal is whether the plan at issue is exempt from the Employee Retirement Income Security Act of 1974 as a "governmental plan." Plaintiffs also challenge the dismissal of their successor...

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