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KNAPP v. JOHNSON

No. 51168.

301 N.W.2d 548 (1980)

Nancy Lee KNAPP, judgment creditor, Respondent, v. Paul Herbert JOHNSON, judgment debtor, Appellant, Ivan J. Gerber, Trustee for Gerber Jewelers, Profit Sharing Trust, Garnishee.

Supreme Court of Minnesota.

November 28, 1980.

Attorney(s) appearing for the Case

Paul H. Johnson, pro se.

Johnson, Essling, Williams, Essling & Daly, St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Justice.

The defendant-judgment debtor Paul H. Johnson appeals from an order of the Ramsey County District Court, holding that the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1381 (1976), does not preempt a state court's power to garnish a beneficiary's interest in a profit-sharing plan for the purpose of satisfying a judgment for unpaid child support. We affirm.

In 1972, the defendant was adjudicated the father...

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