Dwight Harrison v. Bert Bell/Pete Rozelle NFL

Filing

UNPUBLISHED OPINION FILED. [14-40366 Affirmed] Judge: TMR , Judge: JES , Judge: LHS. Mandate pull date is 11/24/2014 [14-40366]

Case: 14-40366

Document: 00512824064

Page: 1

Date Filed: 11/03/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40366

United States Court of Appeals
Fifth Circuit

FILED
November 3, 2014
Lyle W. Cayce
Clerk

DWIGHT HARRISON,
Plaintiff−Appellant,
versus
BERT BELL/PETE ROZELLE NFL RETIREMENT PLAN,
Defendant−Appellee.

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:13-CV-74

Before REAVLEY, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
In this ERISA case, a former NFL player, Dwight Harrison, sues to
challenge the plan administrator’s denial of certain retirement benefits. The

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 14-40366

Document: 00512824064

Page: 2

Date Filed: 11/03/2014

No. 14-40366
district court granted summary judgment in favor of the administrator, holding that the claim was barred by collateral estoppel and that, in the alternative, the administrator did not abuse its discretion, under ERISA, in denying
benefits. The court also denied a request to grant relief under Federal Rule of
Civil Procedure 60(b) regarding a previous suit by Harrison.
We have reviewed the briefs, the applicable law, and pertinent portions
of the record and have heard the helpful arguments of counsel. There is no
reversible error, so the judgment is AFFIRMED, essentially for the reasons
convincingly stated by the district court in its impressive twenty-five-page
opinion.

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