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EMPLOYEES SAV. PLAN OF MOBIL OIL CORP. v. GEER

No. 81 Civ. 4537 (LBS).

535 F.Supp. 1052 (1982)

EMPLOYEES SAVINGS PLAN OF MOBIL OIL CORPORATION, Plaintiff, v. Elayne Hardison GEER, John T. Geer, Jr., and Elizabeth Ann Geer Block, Defendants.

United States District Court, S. D. New York.

As Modified March 18, 1982.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler, Arthur H. Kroll, Yale D. Tauber, Gregory L. Diskant, Michael Jacobster, Susan U. Douglass, Louis Hering, Asst. Gen. Counsel, Vance J. Anderson, Employee Relations Counsel, New York City, for plaintiff.

Stillman & Schwartz, Kenneth M. Stillman, Dallas, Tex., for defendant Elayne Hardison Geer, Jr.

Donald Portland, New York City, for defendants John T. Geer, Jr. and Elizabeth Ann Geer Block.

OPINION

SAND, District Judge.

The issue presented on plaintiff's motion for summary judgment is whether the Employee Retirement Income Security Act of 1974 ("ERISA" or the "Act"), 29 U.S.C. § 1001 et seq., preempts community property law insofar as it affects the distribution of an interest in a pension plan after the death of the employee participant.

The trustee of the Employees Savings...

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