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RATH v. SELECTION RESEARCH, INC.

No. 91-2875.

978 F.2d 1087 (1992)

Douglas B. RATH, Plaintiff-Appellant, v. SELECTION RESEARCH, INC., a Nebraska Corporation; Donald O. Clifton, Individually and as Chairman Administrator of the Selection Research, Inc. Employee Stock Ownership Plan; James R. Krieger; Connie Clifton Rath; Mick Zangari; SRI Gallup, Inc.; SRI Gallup Selection & Development Inc.; James K. Clifton, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 6, 1992.

Attorney(s) appearing for the Case

Arch Y. Stokes, Atlanta, Ga., argued, for plaintiff-appellant.

Roger P. Cox, Lincoln, Neb., argued (Neal E. Stenberg and Gregory D. Barton, on the brief), for defendants-appellants.

Before RICHARD S. ARNOLD, Chief Judge, FRIEDMAN, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

This is a wrongful termination suit by Douglas B. Rath against his former employer, Selection Research, Inc. (SRI), and its managing officers and affiliated companies. Rath filed this action in federal court, attaching numerous state law causes of action to three alleged violations of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461. After substantial discovery, the district court1

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