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WANG LABORATORIES, INC. v. KAGAN

Nos. 90-55656, 90-55759.

990 F.2d 1126 (1993)

WANG LABORATORIES, INC., Plaintiff-Appellee, Cross-Appellant, v. Paul G. KAGAN, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1993.

Attorney(s) appearing for the Case

Ernest J. Franceschi, Los Angeles, CA, for defendant-appellant.

John A. Conkle and Charles R. Chapman, Conkle & Olesten, Los Angeles, CA, for plaintiff-appellee.

Before WIGGINS, KOZINSKI and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This case arises out of a claim by an ERISA plan against a beneficiary. The case turns on which statute of limitations applies, that of the state selected in a contractual choice of law provision, or that of the state where the claim was filed. We conclude that the choice of law provision in the plan controls. The plan won a summary judgment in district court, which we affirm.

I. Facts.

Mr. Kagan worked in California as...

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