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FMC CORP. v. HOLLIDAY

No. 89-1048.

498 U.S. 52 (1990)

FMC CORP. v. HOLLIDAY

Supreme Court of the United States.

Decided November 27, 1990.

Attorney(s) appearing for the Case

H. Woodruff Turner argued the cause for petitioner. With him on the briefs was Charles Kelly.

Deputy Solicitor General Shapiro argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Christopher J. Wright, Allen H. Feldman, Steven J. Mandel, and Mark S. Flynn.

Charles Rothfeld argued the cause for respondent. On the brief were Thomas G. Johnson and David A. Cicola.*

JUSTICE O'CONNOR delivered the opinion of the Court.

This case calls upon the Court to decide whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. § 1001 et seq., pre-empts a Pennsylvania law precluding employee welfare benefit plans from exercising subrogation rights on a claimant's tort recovery.

I

Petitioner, FMC Corporation (FMC), operates...

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