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STRAUB v. WESTERN UNION TELEGRAPH CO.

No. 85-2624.

851 F.2d 1262 (1988)

George STRAUB, Plaintiff-Appellant, v. WESTERN UNION TELEGRAPH COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 15, 1988.

Attorney(s) appearing for the Case

Lloyd O. Bates, Jr. of Pickett, Bates & Holmes, Las Cruces, N.M., for plaintiff-appellant.

Charles C. High, Jr. and Dan C. Dargene of Kemp, Smith, Duncan & Hammond, El Paso, Tex., for defendant-appellee.

Before LOGAN, ANDERSON, and TACHA, Circuit Judges.

LOGAN, Circuit Judge.

George Straub appeals from the dismissal of his claims against Western Union Telegraph Company (defendant) for breach of contract and negligent misrepresentation.1 The district court dismissed these claims as preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 to § 1461. On appeal Straub argues that there is no ERISA preemption, and, alternatively, that he has stated...

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