Green v. Hsu

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-11108 Summary Calendar JAMES W. GREEN, Plaintiff-Appellant, versus JOHN HSU, Trustee, ET AL., Defendants, TRAVELERS INSURANCE COMPANY; COMMERCIAL CREDIT CORPORATION, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:91-CV-2726-T - - - - - - - - - - June 10, 1998 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* James W. Green appeals from the dismissal of his suit brought under the Employee Retirement Income Security Act (ERISA) following remand. We have reviewed each issue he has properly raised. The district court did not err in granting summary judgment in favor of the defendants with respect to Green’s claim * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 96-11108 - 2 - under § 502(a)(1)(B) of ERISA. See Duhon v. Texaco, Inc., 15 F.3d 1302, 1305 (5th Cir. 1994). The district court did not abuse its discretion in denying Green’s recusal motions. See Liteky v. United States, 510 U.S. 540, 554-56 (1994). The “law of the case” precludes the reexamination of Green’s § 510 claim under ERISA. Green’s other issues are beyond the scope of remand and are not addressed. See Burroughs v. FFP Operating Partners, 70 F.3d 31, 33 (5th Cir. 1996). The judgment is AFFIRMED. All outstanding motions are DENIED. 2