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WOODFORK v. MARINE COOKS & STEWARDS UNION

No. 78-1324.

642 F.2d 966 (1981)

John WOODFORK, Plaintiff-Appellant, v. MARINE COOKS & STEWARDS UNION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 17, 1981.

Attorney(s) appearing for the Case

Robert O. Homes, Jr., Metairie, La., for plaintiff-appellant.

Dodd, Barker, Boudreaux, Lamy & Gardner, C. Paul Barker, New Orleans, La., Ernst & Daniels, Richard Ernst, San Francisco, Cal., for defendants-appellees.

Before TJOFLAT, RUBIN and TATE, Circuit Judges.

TJOFLAT, Circuit Judge:

In this federal diversity case we must decide whether federal law, under either the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1381 (1976), or § 301 or § 302 of the Taft-Hartley Act, 29 U.S.C. §§ 185 and 186 (1976), preempts a merchant seaman's state-law claim that he is entitled to pension benefits. The district court determined that ERISA...

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