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NATIONWIDE MUT. INS. CO. v. DARDEN

No. 90-1802.

503 U.S. 318 (1992)

NATIONWIDE MUTUAL INSURANCE CO. et al. v. DARDEN

United States Supreme Court.

Decided March 24, 1992.

Attorney(s) appearing for the Case

George Robinson Ragsdale argued the cause for petitioners. With him on the briefs were Gordon E. McCutchan, Robert M. Parsons, Craig G. Dalton, Jr., Francis M. Gregory, Jr., and Margaret M. Richardson.

Christopher J. Wright argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Deputy Solicitor General Mahoney, Allen H. Feldman, and Elizabeth Hopkins.

Marion G. Follin III argued the cause and filed a brief for respondent.*

Souter, J., delivered the opinion for a unanimous Court.

Justice Souter, delivered the opinion of the Court.

In this case we construe the term "employee" as it appears in § 3(6) of the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 834, 29 U. S. C. § 1002(6), and read it to incorporate traditional agency law criteria for identifying master-servant relationships.

I

From 1962 through 1980, respondent Robert Darden operated an insurance agency according to the terms of several...

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