Nos. 94-1296, 94-1583.

64 F.3d 1458 (1995)

Willis H. WILCOTT, Plaintiff-Appellee and Cross-Appellant v. MATLACK, INC., doing business as Matlack Systems, Inc., a Pennsylvania corporation; Matlack Systems, Inc. Employee Benefits Trust; John Erwin, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

August 30, 1995.

Attorney(s) appearing for the Case

Gregg C. McReynolds, P.C., Englewood, CO, for defendants-appellants and cross-appellees.

Nathan Davidovich and Steven W. Moore of Nathan Davidovich & Associates, Denver, CO, for plaintiff-appellee and cross-appellant.

Before TACHA, LOGAN, and BRISCOE, Circuit Judges.

LOGAN, Circuit Judge.

These appeals arise from an action plaintiff Willis H. Wilcott initially filed in state court seeking redress for the denial of employee disability benefits, wrongful discharge, and associated contract and tort claims. After the case was removed to federal court, the district court dismissed all state claims as preempted by the Employee Retirement Income Security Act (ERISA), which "supersede[s] any and all State laws insofar as they may now...

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