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MACKAY v. GRUMMAN ALLIED INDUSTRIES, INC.

No. 4:97-CV-6.

993 F.Supp. 1068 (1997)

Edward MACKAY, Plaintiff, v. GRUMMAN ALLIED INDUSTRIES, INC., Defendant.

United States District Court, W.D. Michigan, Southern Division.

November 3, 1997.

Attorney(s) appearing for the Case

Robert A. Soltis, Ford, Kriekard, Domeny & Byrne PC, Portage, MI, for Plaintiff.

Charles S. Mishkind, Miller, Canfield, Paddock & Stone PLC, Grand Rapids, MI, for Defendant.

OPINION OF THE COURT

McKEAGUE, District Judge.

Now before the Court is defendant's motion to dismiss plaintiff's state common law claims in count II (fraud in the inducement) and count III (innocent misrepresentation). At issue in this motion is whether the Employee Retirement Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. § 1001, et seq., preempts plaintiff's state common law claims. In count I of his first amended complaint, plaintiff...

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