Birdsong v. Wrotenbery

GARZA, Circuit Judge:

Finding a failure to properly file a notice of appeal, resulting in this Court not having jurisdiction, the above action is hereby DISMISSED.

I. Pertinent Procedure.

Plaintiffs filed a lawsuit in March of 1988 seeking declaratory, injunctive and other equitable relief under 29 U.S.C. § 1132(a)(3). Alleging that Texas’ Administrative Services Tax (“ASTA”) was preempted by section 514 of ERISA and violated the supremacy clause of the Constitution, the plaintiffs sought the return of taxes paid under ASTA. In April of 1988, the plaintiffs sought a preliminary injunction and…