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HASHIMOTO v. BANK OF HAWAII

No. 92-15167.

999 F.2d 408 (1993)

Jessica K. HASHIMOTO, Plaintiff-Appellant, v. BANK OF HAWAII, et al. Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 15, 1993.

As Amended November 5, 1993.

Attorney(s) appearing for the Case

E. Cooper Brown and David K. Colapinto, Kohn, Kohn & Colapinto, and Kathleen T. Quinn, Washington, DC, for plaintiff-appellant.

Kenneth B. Hipp and Barbara A. Petrus, Goodsill Anderson Quinn & Stifel, Honolulu, HI, for defendants-appellees.

Before: GOODWIN, TANG and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Jessica Hashimoto appeals the grant of summary judgment in favor of the Bank of Hawaii (the Bank) and its codefendants in her action for wrongful discharge and breach of contract. The basis of the judgment was preemption by the Employees Retirement Income Security Act of 1974 (ERISA) 29 U.S.C. §§ 1001, et seq. We agree in that conclusion but also hold that Hashimoto's complaint should be recharacterized as an ERISA claim under 29 U...

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