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AETNA LIFE INS. CO. v. BORGES

No. 658, Docket 88-7843.

869 F.2d 142 (1989)

AETNA LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. Francisco L. BORGES, Treasurer of the State of Connecticut, and State of Connecticut, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Carl J. Schuman, Asst. Atty. Gen., Hartford, Conn. (Joseph I. Lieberman, Atty. Gen., William J. Prensky, Asst. Atty. Gen., Hartford, Conn., on the brief), for defendants-appellants.

Allan B. Taylor, Hartford, Conn. (Ann McClure, Day, Berry & Howard, Hartford, Conn., on the brief), for plaintiff-appellee.

Before NEWMAN, PIERCE and MAHONEY, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

On this appeal, we once again confront the often litigated issue of the scope of federal preemption under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461 (1982 & Supp. IV 1986). The question presented is whether ERISA preempts the application of Connecticut's escheat law to ERISA-covered benefit checks and drafts that have been issued but have not been collected or presented for payment...

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