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WESTHOVEN v. LINCOLN FOODSERVICE PRODUCTS

No. 35A02-9206-CV-260.

616 N.E.2d 778 (1993)

Gerald T. WESTHOVEN, Personal Representative of the Estate of Kenneth Westhoven, Deceased, and State of Indiana Civil Rights Commission, Appellants-Defendants, v. LINCOLN FOODSERVICE PRODUCTS, Inc., Appellee-Plaintiff.

Court of Appeals of Indiana, Second District.

July 6, 1993.

Attorney(s) appearing for the Case

Richard J. Swanson, Segal and Macey Indianapolis, Evan Wolfson, Lambda Legal Defense and Educ. Fund, Inc., New York City, Kevin Likes, Auburn, for Gerald T. Westhoven.

Pamela Carter, Atty. Gen., Janice E. Kreuscher, Chief Counsel, Office of Atty. Gen., Indianapolis, for State of Ind., Civil Rights Com'n.

Thomas M. Kimbrough, David R. Steiner, Barrett & McNagny, Fort Wayne, for Lincoln Foodservice Products, Inc.

SULLIVAN, Judge.

Gerald T. Westhoven, in his capacity as personal representative of the Estate of Kenneth Westhoven, and the Indiana Civil Rights Commission (Commission), collectively referred to as Westhoven, appeal the trial court's grant of summary judgment in favor of Lincoln Foodservice Products, Inc. (Lincoln). The dispositive issue upon appeal is whether the Employee Retirement Income Security Act of 1974 (ERISA)1 pre-empts Indiana...

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