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CALIFORNIA CHAMBER OF COMMERCE v. SIMPSON

No. CV 84-4692 AWT.

601 F.Supp. 104 (1985)

CALIFORNIA CHAMBER OF COMMERCE, etc., et al., Plaintiffs, v. C. Robert SIMPSON, etc., Defendant.

United States District Court, C.D. California.

January 8, 1985.

Attorney(s) appearing for the Case

Richard J. Simmons, Thomas E. Hill, Musick, Peeler & Garrett, Los Angeles, Cal., Robert L. Thompson, Thomas A. Pogue, Elarbee, Thompson & Trapnell, Atlanta, Ga., for plaintiffs.

Louis Giannini, Chief Counsel, H. Thomas Cadell, Jr., Div. of Labor Standards Enforcement, San Diego, Cal., for defendant.

MEMORANDUM OPINION

TASHIMA, District Judge.

This is an action for declaratory and injunctive relief against the Labor Commissioner of the State of California. At issue is whether or not the enforcement of state law and procedures with respect to severance benefit plans has been preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. Plaintiffs have moved for summary judgment. Defendant has moved to...

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