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PACIFIC AIRMOTIVE CORP. v. FIRST INTERSTATE BANK

Docket No. B011060.

178 Cal.App.3d 1130 (1986)

224 Cal. Rptr. 233

PACIFIC AIRMOTIVE CORPORATION, Plaintiff and Appellant, v. FIRST INTERSTATE BANK, Defendant and Respondent.

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

March 18, 1986.

Attorney(s) appearing for the Case

COUNSEL

Gibson, Dunn & Crutcher, Joseph P. Busch III and Eloise S. Hock for Plaintiff and Appellant.

James W. O'Neil, Peter G. Wheelon, Sherrill L. Johnson, Reish & Davis, Sullivan, Workman & Dee and Charles D. Cummings for Defendant and Respondent.

OPINION

JOHNSON, J.

This is an action under state law by an employer against the trustee of its employee retirement plan for damages suffered by the employer because the trustee inaccurately reported the assets of the plan. The trial court sustained the trustee's demurrer to the complaint without leave to amend and dismissed the action on the ground the Employee Retirement Income Security Act (ERISA) gives the federal courts exclusive...

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