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AT & T COMMUNICATIONS, INC. v. SUPERIOR COURT

Docket No. A061071.

21 Cal.App.4th 1673 (1994)

26 Cal. Rptr.2d 802

AT & T COMMUNICATIONS, INC., et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ROBERT JACK VOAKES, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

January 25, 1994.

Attorney(s) appearing for the Case

COUNSEL

Seyfarth, Shaw, Fairweather & Geraldson, William J. Dritsas and Kathryn K. Morrison for Petitioners.

No appearance for Respondent.

Ivan O.B. Morse for Real Party in Interest.

OPINION

WERDEGAR, J.

We consider whether the Employee Retirement Income Security Act of 1974 (ERISA), 29 United States Code section 1001 et seq., preempts an action brought under state law for wrongful termination where an employee was terminated for not returning to work when medically cleared by his employer's physicians.

"ERISA includes a `virtually unique pre-emption provision...

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