LONTZ v. THARP

No. 04-1967.

413 F.3d 435 (2005)

Grace LONTZ; Beverly Pettit, Plaintiffs-Appellants, v. Joyce THARP; Elizabeth Doak; James Baish; Sandeep Thakrar; Monica, LLC, d/b/a Holiday Inn Express, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 2005.


Attorney(s) appearing for the Case

ARGUED: Paul Joseph Harris, Wheeling, West Virginia, for Appellants. Mario Richard Bordogna, Steptoe & Johnson, Clarksburg, West Virginia, for Appellees. ON BRIEF: John R. Merinar, Jr., Steptoe & Johnson, Clarksburg, West Virginia, for Appellees.

Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges.


Vacated and remanded with instructions by published opinion. Judge WILKINSON wrote the opinion, in which Judge LUTTIG and Judge TRAXLER joined.

OPINION

WILKINSON, Circuit Judge.

The phrase "complete preemption" has become a term of art. It refers to that "small category of statutes that ... `authoriz[e] removal of actions that sought relief only under state law.'" Alongi v. Ford Motor Co.,

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