James Earl Hurt, Jr. v. Pullman Incorporated, a Corporation, and Pullman Incorporated Non-Contributory Pension Plan

R. LANIER ANDERSON, III, Circuit Judge:

Appellant James Earl Hurt, Jr. (“Hurt”) appeals the grant of summary judgment in favor of appellees Pullman Incorporated (“Pullman”) and Pullman Incorporated Non-Contributory Pension Plan (“Pension Plan”) with regard to his claim under the Employment Retirement Income Security Act (“ERISA”), 29 U.S.C.A. § 1001, et seq., and with regard to pendent Alabama state law claims of breach of fiduciary duty and bad faith. The district court held that in light of a prior workmen’s compensation judgment in state court, Hurt was barred by the doctrine of res…