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LOUISIANA OILFIELD CONTRACTORS ASS'N, INC. v. INTERN. SURPLUS INS. CO.

No. 91-947.

610 So.2d 1036 (1992)

The LOUISIANA OILFIELD CONTRACTORS ASSOCIATION, INC.; the Louisiana Oilfield Contractors Association, Inc. Employees Benefit Trust; the Louisiana Oilfield Contractors Association, Inc. d/b/a the Louisiana Oilfield Contractors Association, Inc. (Motion to Amend); Randy Haynie, Plaintiffs-Appellants, v. INTERNATIONAL SURPLUS LINES INSURANCE COMPANY; Income Security Corporation; Dwight W. Andrus Insurance, Inc., and/or Dwight W. Andrus Insurance Agency, Inc., and/or Dwight W. Andrus, Inc.; Gary Felton; ABC Insurance Company; Harbor Insurance Company; U.S. Benefit Corporation d/b/a U.S. Benefits; (3rd Party Demand by Harbor); U.S. Benefits Corporation d/b/a U.S. Benefits; Income Security Corporation; Gary Felton; ABC Insurance Company; Dwight Andrus Insurance Company, Inc. and/or Dwight W. Andrus Insurance Agency, Inc. and/or Dwight W. Andrus, Inc.; International Surplus Lines Insurance Company; the Louisiana Oilfield Contractors Association, Inc.; the Louisiana Oilfield Contractors Association, Inc. Employee Benefit Trust, Randy Haynie (2nd Amended Pet.); RLI Insurance Company; Admiral Insurance (Supp.Pet.); (3rd Party Demand Al Nugent; Mike Hoagland; (3rd Party Pet.) Peter Borne; Malcolm Gordon; Rodney Guidry; George Crane, Jr.; and, Randy K. Haynie, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied February 11, 1993.

Attorney(s) appearing for the Case

Domengeaux & Wright, Wm. Rutledge, Lafayette, for plaintiffs-appellants.

Voorhies & Labbe, H. Lee Leonard, Lafayette, for defendant-appellee Harbor Ins.

Davidson, Meaux, Sonnier, McElligott & Swift, John E. McElligott, Lafayette, for defendant-appellee Intern. Surplus/Andrus Ins.

Roy & Hattan, L. Lane Roy, Lafayette, for Income Sec. Ins.

G. Bruce Kuehne, Baton Rouge, Stone, Pigman, Walther, Wittmann & Hutchinson, Kyle D. Schonekas, New Orleans, for U.S. Benefits.

Joens & Counce, Amy E. Counce, Baton Rouge, for Felton.

Allen, Gooch, Bourgeois, Breaux, Robison & Theunissen, Joel E. Gooch, Lafayette, for RLS Ins.

Before DOUCET and KNOLL, JJ., and MARCANTEL, J. Pro Tem.

BERNARD N. MARCANTEL, Judge Pro Tem.

The issues on appeal are whether the trial court erred in holding that plaintiffs' claims were without subject matter jurisdiction; and, whether the trial court erred by holding that the claims of plaintiffs were preempted by the Employee Retirement Income Security Act (ERISA), which is substantive law.

The Louisiana Oilfield Contractors Association, Inc. (hereinafter LOCA) and The Louisiana Oilfield Contractors Association...

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