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McCALLUM v. ROSEN'S DIVERSIFIED, INC.

No. 94-1278.

41 F.3d 1239 (1994)

William B. McCALLUM, Appellant, v. ROSEN'S DIVERSIFIED, INC., a Minnesota Corporation; Ludwig M. Rosen, individually; Elmer H. Rosen, individually; Thomas J. Rosen, individually; Rosen's Diversified, Inc., Employee Stock Ownership Plan and Trust; Ludwig M. Rosen; Elmer H. Rosen; Thomas J. Rosen; Richard Rosen; Robert Hovde; Jane Doe, David Roe; Sally Roe, whose true and correct names are unknown but who are, upon information and belief Administrators, Fiduciaries and Trustees of the Rosen's Diversified, Inc. Employee Stock Ownership Plan and Trust, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 6, 1994.

Attorney(s) appearing for the Case

Karl L. Cambronne, Minneapolis, MN, argued (Alan B. Demmer and Stuart Bear appeared, on the brief), for appellant.

David L. Hashmall, Minneapolis, MN, argued (Joseph Schmitt appeared, on the brief), for appellees.

Before FAGG, Circuit Judge, ROSS, Senior Circuit Judge, and BEAM, Circuit Judge.

ROSS, Senior Circuit Judge.

Appellant William B. McCallum appeals from a district court decision concluding that his claim against Rosen's Diversified, Inc. (RDI), in which he seeks a court-ordered valuation and buyout of his stock in RDI under Minn.Stat. § 302A.751, is preempted by section 514 of ERISA, 29 U.S.C. § 1144(a). We reverse.

Rosen's Diversified, Inc. is a closely held Minnesota corporation that...

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