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HAGLER v. J.F. JELENKO & CO.

No. WD 38041.

719 S.W.2d 486 (1986)

Gordon W. HAGLER, Respondent, v. J.F. JELENKO & CO., Appellant.

Missouri Court of Appeals, Western District.

November 4, 1986.

Attorney(s) appearing for the Case

Andrew See, Shook, Hardy & Bacon, Kansas City, for appellant.

Robert F. Redmond, III, Jeffrey S. Bay, Van Osdol, Magruder, Erickson and Redmond, Kansas City, for respondent.

Before GAITAN, P.J., and DIXON and TURNAGE, JJ.

TURNAGE, Judge.

J.F. Jelenko & Company appeals from a judgment on a jury verdict against it for $10,665.00 on Gordon W. Hagler's claim for breach of contract. Jelenko argues that Hagler's common law contract claim was preempted by the Employee Retirement Income Security Act of 1974, 29 § U.S.C. 1001, et seq. (1982) (ERISA), and that Hagler failed to make a submissible contract case.

Reversed.

Hagler pleaded a cause of action for breach of...

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