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TRI-STATE MACH., INC. v. NATIONWIDE LIFE INS. CO.

No. 93-1971.

33 F.3d 309 (1994)

TRI-STATE MACHINE, INCORPORATED, Plaintiff-Appellant, v. NATIONWIDE LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 31, 1994.

Attorney(s) appearing for the Case

ARGUED: David B. Fawcett, III, Buchanan Ingersoll Professional Corporation, Pittsburgh, PA, for appellant. Gregory Darwin Port, Chorpenning, Good & Mancuso Co., L.P.A., Columbus, OH, for appellee. ON BRIEF: James W. Forsyth, Buchanan Ingersoll Professional Corporation, Pittsburgh, PA; Ray A. Byrd, Schrader, Recht, Byrd, Byrum & Companion, Wheeling, WV, for appellant. Philip F. Brown, Chorpenning, Good & Mancuso Co., L.P.A., Columbus, OH, for appellee.

Before NIEMEYER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge PHILLIPS joined. Judge LUTTIG wrote a separate dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

We are presented with the issue of whether the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq., preempts state law claims of Tri-State Machine, Inc., for improper claims processing and mismanagement against Nationwide...

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