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LEE v. GARRETT CORP. RETIREMENT PLAN

No. 85-6443.

803 F.2d 1082 (1986)

Lyman S. LEE, Plaintiff-Appellant, v. The GARRETT CORPORATION RETIREMENT PLAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 5, 1986.

Attorney(s) appearing for the Case

John T. Heaney, Los Angeles, Cal., for plaintiff-appellant.

Scott H. Dunham, O'Melveny & Meyers, Los Angeles, Cal., for defendant-appellee.

Before SNEED, KENNEDY and BEEZER, Circuit Judges.

KENNEDY, Circuit Judge:

Lyman Lee appeals from a dismissal in district court for a lack of subject matter jurisdiction. Lee brought this action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq. (1982), against the Garrett Corporation Retirement Plan (Garrett) for failure to pay Lee the full benefits to which he was entitled. Relying on ERISA's statutory preemption provision, 29 U.S.C. § 1144 (1982), the district...

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