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HAMPTON INDUS. INC. v. SPARROW

No. 92-1494.

981 F.2d 726 (1992)

HAMPTON INDUSTRIES, INCORPORATED, Plaintiff-Appellant, v. Mary SPARROW; Whitley, Coley & Wooten, P.A., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 21, 1992.

Attorney(s) appearing for the Case

John Charles Archie, White & Allen, Kinston, NC, for plaintiff-appellant.

William Crawford Coley, III, Whitley, Coley & Wooten, Kinston, NC, for defendants-appellees.

Before RUSSELL, WILKINSON, and LUTTIG, Circuit Judges.

OPINION

DONALD RUSSELL, Circuit Judge:

Hampton Industries (Hampton), appeals from the district court's determination that the allocation of personal injury settlement funds, pursuant to an enforceable subrogation clause in an employee benefit plan, was controlled by section 44-50 of the North Carolina General Statutes. Because we find that the Employee Retirement Income Security Act (ERISA) preempts the North Carolina statute, we reverse.

I.

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