DELTA AIR LINES, INC. v. KRAMARSKY

Nos. 18, 57, Dockets 80-7179, 80-7225.

725 F.2d 146 (1981)

DELTA AIR LINES, INC., Allegheny Airlines, Inc., National Airlines, Inc., Piedmont Aviation, Inc., Braniff Airways, Inc., North Central Airlines, Inc., Southern Airways, Inc., Eastern Air Lines, Inc., Northwest Airlines, Inc., Trans World Airlines, Inc., Ozark Air Lines, Inc., American Airlines, Inc., Pan American World Airways, Inc., and United Air Lines, Inc., Plaintiffs-Apellees-Cross-Appellants, v. Werner H. KRAMARSKY, Individually and in his capacity as Commissioner of the New York State Division of Human Rights; Ann Thacher Anderson, Individually and in her capacity as General Counsel of the New York State Division of Human Rights; the New York State Division of Human Rights, an agency of the Executive Department of the State of New York; Arthur Cooperman, Individually and in his capacity as Chairman of the New York State Workmen's Compensation Board; and the New York State Workmen's Compensation Board, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 11, 1981.

Petition for Rehearing June 9, 1981.

Decided November 24, 1981.

Remanded June 24, 1983.

Decided December 27, 1983.


Attorney(s) appearing for the Case

J. Stanley Hawkins, Atlanta, Ga. (Dean Booth, Keith M. Wiener, Seward & Kissell, Atlanta, Ga., on brief), for plaintiffs-appellees-cross-appellants Delta Air Lines, Inc., et al.

Ann Thacher Anderson, Gen. Counsel, State Div. of Human Rights, New York City, for defendants-appellants-cross-appellees Werner H. Kramarsky, et al.

Myrna M. Martinez, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., State of N.Y., Shirley Adelson Siegel, Sol. Gen., Peter Bienstock, Asst. Atty. Gen., Daniel Berger, Deputy Asst. Atty. Gen., New York City, on brief), for defendants-appellants-cross-appellees Arthur Cooperman, et al.

Carol Moschandreas, Washington, D.C. (Leroy D. Clark, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, Lutz Alexander Prager, Washington, D.C., on brief), for E.E.O.C., as amicus curiae.

Before KEARSE and CARDAMONE, Circuit Judges, and TENNEY, District Judge.


Remanded from the United States Supreme Court June 24, 1983.

PER CURIAM:

This case involves questions of the extent to which New York's Human Rights Law, N.Y.Exec.Law § 296 (McKinney 1972 & Supp.1980-81) ("HRL"), and its Disability Benefits Law, N.Y.Work.Comp.Law § 205(3) (McKinney Supp.1980-81) ("DBL"), are preempted by § 514(a) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1144(a) (1976) ("ERISA"). On June 24...

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