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MILLER v. TAYLOR INSULATION CO.

No. 94-1256.

39 F.3d 755 (1994)

Joseph C. MILLER and Karen M. Miller, Plaintiffs-Appellants, v. TAYLOR INSULATION COMPANY and Jon Nelson, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 4, 1994.

Attorney(s) appearing for the Case

B. Douglas Stephens (argued), Clark J. Stojan, Mark A. Tarnow, Wessels, Stojan & Stephens, Rock Island, IL, for plaintiffs-appellants.

Michael J. Motto (argued), James T. Carlin, Carlin, Hellstrom & Bittner, Davenport, IA, for defendants-appellees.

Before POSNER, Chief Judge, MANION, Circuit Judge, and ASPEN, District Judge.

POSNER, Chief Judge.

This is a suit for benefits under an employee welfare plan, with an alternative claim for breach of contract. The district judge held that the alternative claim was preempted and that the plaintiffs had no rights under ERISA, and he therefore granted summary judgment for the defendants and dismissed the suit. 794 F.Supp. 289 (C.D.Ill.1992).

Joseph Miller became the president of the principal defendant...

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