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HOOK v. MORRISON MILLING CO.

No. 93-4115.

38 F.3d 776 (1994)

Roxanne HOOK, Plaintiff-Appellee, v. The MORRISON MILLING COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied December 13, 1994.

Attorney(s) appearing for the Case

Steven W. Sloan, Bennett W. Cervin, Thompson & Knight, Dallas, TX, for appellant.

Diane Barlow Sparkman, Angela Melina Raab (lead counsel), David C. Mattax, Asst. Atty. Gen., and John M. Hohengarten, Div. Chief, Fin. Litigation Div., Austin, TX, Marcia Bove, Associate Sol. of the Plan Benefits Sec. Div., U.S. Dept. of Labor, Washington, DC, amicus.

Roxanne Hook, pro se.

Before JONES and DeMOSS, Circuit Judges, and COBB, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied December 13, 1994.

DeMOSS, Circuit Judge:

The Morrison Milling Company ("MMC") appeals a district court's remand of Roxanne Hook's negligence action against the company. MMC argues that Hook's negligence claim is preempted by the Employment Retirement Income Security Act of 1974 ("ERISA"). 29 U.S.C. §§ 1001-1461. Because we conclude that Hook's claim does not relate to MMC's ERISA plan, and therefore...

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