UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-1114

ROBERT L. TOBEY, CPA,

Plaintiff - Appellant,

v.

KEITER, STEPHENS, HURST, GARY & SHREAVES, A Professional Corporation; 2009 AMENDED AND RESTATED RETIREMENT OBLIGATION PLAN OF KEITER, STEPHENS, HURST, GARY & SHREAVES, A Professional Corporation,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Senior District Judge. (3:13-cv-00315-JRS)

Submitted: October 31, 2014 Decided: November 18, 2014

Before GREGORY and KEENAN, Circuit Judges, and DAVIS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Richard F. Hawkins, III, THE HAWKINS LAW FIRM, PC, Richmond, Virginia, for Appellant. Andrew P. Sherrod, Jaime B. Wisegarver, HIRSCHLER FLEISCHER, P.C., Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Robert L. Tobey appeals the district court’s orders

granting summary judgment in favor of Appellees on his claim

under the Employee Retirement Income Security Act and granting

Appellees’ motion to dismiss his state law breach of contract

claims for lack of subject matter jurisdiction. We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court. Tobey

v. Keiter, Stephens, Hurst, Gary & Shreaves, No. 3:13-cv-00315-

JRS (E.D. Va. Aug. 13, 2013; Jan. 7, 2014). We dispense with

oral argument because the facts and legal contentions are

adequately presented in the materials before this court and

argument would not aid the decisional process.

AFFIRMED

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