IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 93-1277
Summary Calendar
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DAVID O. EPPS,
Plaintiff-Appellant,
versus
NCNB TEXAS,
Defendant-Appellee.
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Appeal from the United States District Court for
the Northern District of Texas
(3:92 CV 05090H)
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October 8, 1993
Before REAVLEY, DAVIS and DEMOSS, Circuit Judges.
REAVLEY, Circuit Judge:*
Appellant David Epps (Epps) brought suit for the alleged
breach of an obligation to pay severance benefits found in his
employment agreement. He complains on appeal that the district
court erred in denying his motion to remand, and in granting the
motion for summary judgment filed by Appellee NationsBank of
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the Court has determined
that this opinion should not be published.
Texas, N.A. (NationsBank) (formerly known as NCNB Texas National
Bank (NCNB)).1 We affirm.
I. REMOVAL
The district court properly denied the motion to remand
because the case was removable to federal court. A defendant may
remove a case on grounds that the plaintiff has asserted a claim
which is preempted by § 514(a) of the Employment Retirement
Security Act (ERISA), 29 U.S.C. § 1144(a). Metropolitan Life
Ins. Co. v. Taylor, 481 U.S. 58, 66 (1987). Section 514(a) is
"deliberately expansive, and designed to