MIDDLETON v. HEWLETT PACKARD CO.

No. 89-C-180.

715 F.Supp. 988 (1989)

Ramona MIDDLETON, Plaintiff, v. HEWLETT PACKARD COMPANY, a California corporation, doing business in Colorado, Defendant.

United States District Court, D. Colorado.

July 13, 1989.


Attorney(s) appearing for the Case

Glenn A. Bergmann, Lakewood, Colo., for plaintiff.

Thomas C. Reeve, Gibson, Dunn & Crutcher, Denver, Colo., for defendant.


MEMORANDUM OPINION AND ORDER

CARRIGAN, District Judge.

Plaintiff has sued her former employer, the defendant Hewlett Packard Company, asserting claims for constructive discharge (First Claim) and for violation of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq. (Second Claim). Defendant has filed a motion to dismiss the First Claim on the ground that it is preempted by ERISA, 29 U.S.C. § 1144. Defendant...

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