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AIRPARTS CO. v. CUSTOM BEN. SERVICES OF AUSTIN

No. 93-3268.

28 F.3d 1062 (1994)

AIRPARTS COMPANY, INC., a Kansas corporation; Marta E. Maxwell, Terry A. Gardner, each in their capacity as cotrustees of the Airparts Company, Inc. Defined Benefit Pension Plan and Trust, Plaintiffs-Appellants, v. CUSTOM BENEFIT SERVICES OF AUSTIN, INC., d/b/a First Actuarial Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 30, 1994.

Attorney(s) appearing for the Case

Paul Arabia, Wichita, KS, for plaintiffs-appellants.

Joseph H. Bocock, Michael F. Lauderdale, Oklahoma City, OK, for defendant-appellee.

Before LOGAN, SETH, and BARRETT, Circuit Judges.

SETH, Circuit Judge.

Plaintiffs, residents of Kansas and co-trustees of an ERISA plan, filed a complaint in federal district court against First Actuarial Corporation (FAC), a Texas corporation, alleging negligence, implied indemnity, and fraud. Concluding that the state law claims were preempted by ERISA, the district court dismissed the complaint. Airparts Co. v. Custom Benefit Servs. of Austin, Inc., 828 F.Supp. 870...

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