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CANTRELL v. BRIGGS & VESELKA CO.

No. 12-20294.

728 F.3d 444 (2013)

Carol A. CANTRELL, Plaintiff-Appellant v. BRIGGS & VESELKA COMPANY, A Professional Corporation, Defendant-Third Party Plaintiff-Appellee v. Cantrell & Cowan, P.L.L.C., Third Party Defendant-Appellant W. Patrick Cantrell, Plaintiff-Appellant v. Briggs & Veselka Company; A Professional Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 27, 2013.

Attorney(s) appearing for the Case

Charles Alfred Sturm (argued), Esq. , Steele Sturm, P.L.L.C., Houston, TX, for Plaintiff-Appellant.

Michael Carter Crow (argued), Attorney, Joy Michele Soloway , Trial Attorney, Fulbright & Jaworski, L.L.P., Houston, TX, for Plaintiff-Appellant.

Michael Brooks Lee , Litigation Counsel, Cokinos, Bosien & Young, P.C., Houston, TX, for Plaintiff-Appellant/Third Party Defendant-Appellant.

Before JOLLY, GARZA, and OWEN, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This case arises out of an employment dispute between Carol and Patrick Cantrell and their former employer, Briggs & Veselka Company ("B & V"). The district court held the Cantrells' deferred compensation arrangements in their Employment Agreement contracts with B & V constitute a plan under the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. We REVERSE and REMAND with instructions...

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