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JACKSON v. MARTIN MARIETTA CORP.

No. 86-3400 Non-Argument Calendar.

805 F.2d 1498 (1986)

Richard P. JACKSON, Plaintiff-Appellant, v. MARTIN MARIETTA CORPORATION, a Delaware Corporation, and Martin Marietta Retirement Income Plan for Salaried Employees, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 16, 1986.

Attorney(s) appearing for the Case

Joseph R. Moss, Cocoa, Fla., for plaintiff-appellant.

Michael P. McMahon, Akerman, Senterfitt & Eidson, Orlando, Fla., for defendants-appellees.

Before RONEY, Chief Judge, HILL and KRAVITCH, Circuit Judges.

CORRECTED OPINION

PER CURIAM:

This case raises the issue of whether a state law claim for breach of contract alleging improper calculation of an employee's pension service date is preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (1982). Although this circuit has not ruled on the issue of preemption of such a state law claim, we agree with the overwhelming majority of decisions that have found similar claims...

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