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EVANS v. STERLING CHEMICALS, INC.

No. 10-20493.

660 F.3d 862 (2011)

Robert E. EVANS; Relmond H. Hamilton; Dennis Harthun, Plaintiffs-Appellants, v. STERLING CHEMICALS, INCORPORATED, Individually and as successor-in-interest to Sterling Chemicals Holdings Incorporated; Sterling Chemicals Incorporated Employee Benefits Plans Committee, in its capacity as Plan Administrator of the Sterling Chemicals Incorporated Medical Benefits Plan for Salaried Employees and the Sterling Chemicals Incorporated Prescription Drug Benefits Plan for Salaried Employees; Sterling Chemicals Incorporated Medical Benefits Plan for Salaried Employees; Sterling Chemicals Incorporated Prescription Drug Benefits Plan for Salaried Employees; Sterling Chemicals Incorporated Medical Benefits Plan for Retirees; Sterling Chemicals Incorporated Prescription Drug Benefits Plan for Retirees, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 13, 2011.

Attorney(s) appearing for the Case

Russell Stanley Post (argued), Chad Flores, Beck, Redden & Secrest, L.L.P., Ronald Martin Weber, Jr. , Crowley Norman, L.L.P., Houston, TX, for Plaintiffs-Appellants.

Kerry E. Notestine (argued), Kelley Riddle Edwards , Littler Mendelson, P.C., Houston, TX, for Defendants-Appellees.

Before JOLLY, DeMOSS and PRADO, Circuit Judges.

DeMOSS, Circuit Judge:

This appeal requires that we determine what effect, if any, a retiree benefits-related provision included in an asset purchase agreement had on the acquiring company's retiree benefits plans governed by ERISA. For the following reasons we find that the provision constituted a valid plan amendment. Moreover, we find that the provision was assumed, not rejected, in bankruptcy. Reversed and remanded.

I. FACTUAL BACKGROUND

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