COOPER TIRE & RUBBER CO. v. STRIPLIN

No. 92-CA-00570-SCT.

652 So.2d 1102 (1995)

COOPER TIRE & RUBBER COMPANY v. Johnny STRIPLIN, a Minor, By and Through his Parents and Next Friends Henry and Togiva STRIPLIN; Henry Striplin, Individually, Togiva Striplin, Individually.

Supreme Court of Mississippi.

March 30, 1995.


Attorney(s) appearing for the Case

David A. Burns, Holcomb Dunbar Connell Chaffin & Willard, Clarksdale, for appellant.

Dana J. Swan, Richard B. Lewis, Chapman Lewis & Swan, Clarksdale, for appellee.

Before DAN M. LEE, P.J., and SULLIVAN and BANKS, JJ.


BANKS, Justice.

In this case we consider the question of whether ERISA pre-empts state law requiring court approval for contracts affecting a minor's estate with regard to subrogation rights of the ERISA plan to insurance proceeds due the child. We conclude that the state law is not pre-empted because it neither directly nor indirectly relates to pension plans, and it addresses an area traditionally regulated by the states.

I.

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