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SMITH v. DUNHAM-BUSH, INC.

No. 619, Docket 90-7616.

959 F.2d 6 (1992)

Derek J. SMITH, Plaintiff-Appellant, v. DUNHAM-BUSH, INC., and the Robins Group, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 7, 1992.

Attorney(s) appearing for the Case

Markus L. Penzel, New Haven, Conn. (Garrison, Silbert & Arterton, of Counsel) for plaintiff-appellant.

Willis J. Goldsmith, Washington, D.C. (Jones, Day, Reavis & Pogue, of counsel) for defendants-appellees.

Before VAN GRAAFEILAND and WALKER, Circuit Judges, and DEARIE, District Judge.

DEARIE, District Judge:

Plaintiff-appellant Derek Smith appeals from an order of the United States District Court for the District of Connecticut, Jose A. Cabranes, Judge, that granted defendant's motion for summary judgment and denied plaintiff's motion to remand to Connecticut state court. The district court ruled that the statutory preemption provision of the Employee Retirement Income Security Act of 1974 ("ERISA") warranted removal of the case to federal...

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