NORTHERN GROUP SERVICES, INC. v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 89-1053.

898 F.2d 1125 (1990)

NORTHERN GROUP SERVICES, INC.; Masco Industries, Inc., Benefit Plan for Hourly Employees of Forming Technology; Masco Industries, Inc., Employees' Benefit Plan for Salaried Employees; Masco Industries, Inc., Self-Funded Employee Benefit Plans; Highland Appliance Companies, Medical Benefit Plan, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; Auto Owners Insurance Company; Auto Club Insurance Association; Farmers Insurance Exchange; Citizens Insurance Company of America; Michigan Insurance Company; Allstate Insurance Company, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 21, 1990.


Attorney(s) appearing for the Case

Stephen F. Wasinger (argued), John H. Eggertsen, Michael R. Shpiece, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for plaintiffs-appellants.

John Ashton, Plymouth, Mich., for State Farm Mut. Auto. Ins. Co., defendant-appellee.

Stephen E. Glazek (argued), Barris, Sott, Denn & Driker, Detroit, Mich., Terrance M. Lynch, Kohl, Secrest, Wardle, Lynch, Clark & Hampton, Farmington Hills, Mich., for Auto Owners Ins. Co., Citizens Ins. Co. of America and Michigan Ins. Co., defendants-appellees.

David J. Lanctot (argued), Detroit, Mich., for Auto Club Ins. Ass'n, defendant-appellee.

Thomas F. Kauza, Harvey, Kruse, Westen & Milan, Detroit, Mich., for Farmers Ins. Exchange, defendant-appellee.

James L. Borin, Garan, Lucow, Miller, Seward, Cooper & Becker, Detroit, Mich., for Allstate Ins. Co., jointly and severally defendant-appellee.

Before MERRITT, Chief Judge; MARTIN, Circuit Judge; and BROWN, Senior Circuit Judge.


MERRITT, Chief Judge.

In a previous appeal in this action, our Court published on November 13, 1987, an opinion, Northern Group Servs., Inc. v. Auto Owners Ins. Co., 833 F.2d 85 (6th Cir.1987), cert. denied, 486 U.S. 1017, 108 S.Ct. 1754, 100 L.Ed.2d 216 (1988), holding that the three preemption provisions of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1144(a), 1144(b)(2)(A)...

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