MacLEAN v. FORD MOTOR CO.

No. 86-2819.

831 F.2d 723 (1987)

Kenneth MacLEAN, Executor of the Estate of David Jamie Pithie, Deceased, Plaintiff-Appellant, v. FORD MOTOR COMPANY, Ford Electronics and Refrigeration Corporation, Ford Aerospace and Communications Corporation, Manufacturers National Bank of Detroit, Trustee for Ford Motor Company's Savings and Stock Investment Plan, and also that of Ford Aerospace and Communications Corporation, Ford Electronics and Refrigeration Corporation, and Allen David Pithie, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 21, 1987.


Attorney(s) appearing for the Case

Robert G. Burton, Burton & Simkin, Richmond, Ind., for plaintiff-appellant.

Lisa Stone Sciscoe, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for defendants-appellees.

Before BAUER, Chief Judge, FLAUM and RIPPLE, Circuit Judges.


RIPPLE, Circuit Judge.

In this case, we must decide whether the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., preempts state law governing testamentary transfers. The appellant, Kenneth MacLean, is the executor of the estate of David Jamie Pithie (the decedent). Mr. MacLean filed suit to collect, on behalf of the estate, the assets accumulated in the decedent's Savings and Stock Investment Plan (SSIP or Plan). The decedent...

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