J. P. Murphy v. Inexco Oil Company, J. P. Murphy v. Inexco Oil Company

ALVIN B. RUBIN, Circuit Judge:

An employee’s claim that a bonus plan created by his employer violated the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1381 (ERISA), was dismissed for want of jurisdiction on the basis that the plan was not within the coverage of ERISA. Because a federal court has jurisdiction to decide whether a claim to ERISA coverage has merit, we reverse the dismissal. However, because the question of ERISA coverage was fully briefed and argued and will doubtless be of key importance in future proceedings, we consider that issue.

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Murphy was formerly…