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WAYTE v. ROLLINS INTERNATIONAL, INC.

Docket No. 68832.

169 Cal.App.3d 1 (1985)

215 Cal. Rptr. 59

WALTER F. WAYTE, JR., et al., Plaintiffs and Appellants, v. ROLLINS INTERNATIONAL, INC., et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division One.

June 7, 1985.

Attorney(s) appearing for the Case

COUNSEL

Shield & Smith, Ingall W. Bull, Jr., Nicholas W. Hornberger and Kirk H. Nakamura for Plaintiffs and Appellants.

Morgan, Lewis & Bockius, Thomas A. Masterson, Kenneth B. Wright, Richard F. McMenamin and Victoria B. Bonebakker for Defendants and Appellants.

OPINION

DALSIMER, J.

This case presents the issue whether a plaintiff may recover damages in state court for intentional infliction of emotional distress resulting from wrongful termination of an employee in 1975 for assertion in 1974 of his rights under an employee benefit plan governed by the Employee Retirement Income and Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.). We have concluded that he may.

STATEMENT...

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