Rozzell v. Security Services, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
Richard Rozzell (Rozzell) filed suit in state court alleging that Electronic Data Systems (EDS) terminated him in retaliation for pursuing rights under Article 8307c of the Texas Workers’ Compensation Act. EDS removed the case to federal court alleging the action was a claim arising under section 510 of the Employment Retirement Income Security Act (ERISA) and therefore satisfied federal question jurisdiction. Plaintiffs motion to remand the case to district court was denied and defendant won a bench trial held on the merits. Because we conclude that removal was…
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