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HAEFFELE v. HERCULES INC.

Civ. A. No. 85-722 MMS.

703 F.Supp. 326 (1989)

Harold J. HAEFFELE, Plaintiff, v. HERCULES INCORPORATED, Hercules Incorporated Retirement Income Plan Pension Trust and Bankers Trust Company, as Trustee of the Hercules Incorporated Retirement Income Plan Pension Trust, Defendants.

United States District Court, D. Delaware.

As Amended January 19, 1989.

Attorney(s) appearing for the Case

Richard G. Elliott, Jr., and William W. Bowser, of Richards, Layton & Finger, Wilmington, Del., for plaintiff.

Thomas Reed Hunt, Jr. of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendants.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

This opinion resolves the question of whether a right to jury trial exists in a breach of contract action brought under state law that is preempted by Section 502(a)(1)(B) of ERISA, 29 U.S.C. § 1132(a)(1)(B). The United States Magistrate recommended granting plaintiff's motion to strike defendants' jury demand on Count I of this action but denying the motion as to Count II. For the reasons stated below, the recommendation...

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