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BOURGEOIS v. EMPLOYEES OF SANTA FE INTERN. CORP.

No. 99-20412.

215 F.3d 475 (2000)

J. Michael BOURGEOIS, Plaintiff-Appellant, v. The PENSION PLAN FOR the EMPLOYEES OF SANTA FE INTERNATIONAL CORPORATIONS; Santa Fe Investment Savings and Profit Sharing Plan; Santa Fe International Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 14, 2000.

Attorney(s) appearing for the Case

David T. Lopez (argued), David Lopez & Associates, Houston, TX, for Plaintiff-Appellant.

Dean J. Schaner (argued), Scott Michael Nelson, Haynes & Boone, Houston, TX, for Defendants-Appellees.

Before REYNALDO G. GARZA, HIGGINBOTHAM, and BENAVIDES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Plaintiff appeals the dismissal of his employment benefits claim for failure to exhaust administrative remedies. We agree that the plaintiff failed to exhaust administrative remedies, but find that the defendants' actions require the recognition of a limited estoppel remedy. Consequently, we VACATE the dismissal and REMAND to the district court with instructions to refer the plaintiff's claim to the pension plans for an initial...

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