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BANNISTER v. SORENSON

No. 96-1102.

103 F.3d 632 (1996)

R. Scott BANNISTER, as Trustee; Larry W. Borden, as Trustee; Missouri Pacific Employees' Health Association Plans; PayFlex Systems, U.S.A., Inc.; K. Russell Guethle, as Trustee, Plaintiffs, v. Darrell SORENSON; Darrell Sorenson & Associates, Inc.; Dan Sorenson, Defendants. Darrell Sorenson, Counter Claimant, DARRELL SORENSON & ASSOCIATES, INC., Counter Claimant/Appellant, v. MISSOURI PACIFIC EMPLOYEES' HEALTH ASSOCIATION PLANS, Counter Defendant; PayFlex Systems U.S.A., Inc., Counter Defendant/Appellee, Terry Haney; Dale Hogan, Counter Defendants.

United States Court of Appeals, Eighth Circuit.

Decided December 23, 1996.

Attorney(s) appearing for the Case

Edward F. Fogarty, Omaha, NE, argued, for appellant.

Thomas H. Dahlk, Omaha, NE, argued, for appellee.

Before BEAM, HEANEY, and JOHN R. GIBSON, Circuit Judges.

BEAM, Circuit Judge.

Darrell Sorenson & Associates, Inc. (DSA) appeals the district court's conclusion, on summary judgment, that DSA's state common law claim of breach of contract against PayFlex Systems U.S.A., Inc. (PayFlex) is preempted by the Employee Retirement Security Act (ERISA), 29 U.S.C. §§ 1001-1461. We remand for a determination of whether the federal courts have subject matter jurisdiction over this action and, if so, for further proceedings...

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