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EMPLOYERS RESOURCE MANAGEMENT CO., INC. v. JAMES

No. 94-1837.

62 F.3d 627 (1995)

EMPLOYERS RESOURCE MANAGEMENT COMPANY, INCORPORATED; All-American Professional Services, Incorporated, Plaintiffs-Appellants, v. Charles G. JAMES, Chairman; Robert P. Joyner, Commissioner; William E. O'Neill, Commissioner; Lawrence D. Tarr, Chief Deputy Commissioner; Robert E. Dely, Deputy Commissioner; Susan B. Potter, Deputy Commissioner, Defendants-Appellees. Director of California Department of Industrial Relations; State of Oklahoma, ex rel Dave Renfro, Commissioner of Labor; Marcia Davis, Administrator of the Workers Compensation Court, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1995.

Attorney(s) appearing for the Case

ARGUED: Allan Jacques Graf, Farmer & Ridley, Los Angeles, CA, for appellants. Teresa Creef Manning, Asst. Atty. Gen., Office of the Atty. Gen., Richmond, VA, for appellees. ON BRIEF: Robert W. Ridley, Farmer & Ridley, Los Angeles, CA; John D. Epps, Steven W. Morris, LeClair, Ryan, Joynes, Epps & Framme, Richmond, VA, for appellants. James S. Gilmore, III, Atty. Gen., Michael K. Jackson, Sr. Asst. Atty. Gen., Office of the Atty. Gen., Richmond, VA, for appellees. John M. Rea, Chief Counsel, Vanessa L. Holton, Sr. Counsel, James D. Fisher, Counsel, Office of the Director-Legal Unit, Dept. of Indus. Relations, San Francisco, CA, for amicus curiae Dept. of Indus. Relations; Kayla A. Bower, Michael M. Sykes, Oklahoma Dept. of Labor, Oklahoma City, OK, for amicus curiae State of Oklahoma.

Before MURNAGHAN, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MURNAGHAN and Judge MOTZ joined.

OPINION

WILLIAMS, Circuit Judge:

This case involves the interaction between certain provisions of the Commonwealth of Virginia's Workers' Compensation statutory regime and the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Employers Resource Management Company, Inc. (Employers Resource), and All-American...

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