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NATIONAL ELEVATOR INDUSTRY, INC. v. CALHOON

No. 90-6236.

957 F.2d 1555 (1992)

NATIONAL ELEVATOR INDUSTRY, INC., Plaintiff-Appellant, v. Dean H. CALHOON, as Commissioner of the Department of Labor for the State of Oklahoma; the Department of Labor for the State of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 26, 1992.

Attorney(s) appearing for the Case

Charles O. Strahley of Crowe & Dunlevy, Oklahoma City, Okl. (Michael T. McGrath of Putney, Twombly, Hall & Hirson, New York City, with him on the briefs), for plaintiff-appellant.

Rabindranath Ramana, Asst. Atty. Gen. of Oklahoma (Robert H. Henry, Atty. Gen. of Oklahoma, with him on the brief), Oklahoma City, Okl., for defendants-appellees.

Before LOGAN, MOORE and ANDERSON, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff National Elevator Industry, Inc. appeals from the dismissal of its complaint which sought to have a ruling of the Oklahoma Commissioner of Labor declared preempted by either the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., or the National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq., or both. Plaintiff seeks to overturn a ruling by defendant Oklahoma Commissioner of the Department...

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