SIMON LEVI CO. v. DUN & BRADSTREET PENSION SERV.

Docket No. B092920.

55 Cal.App.4th 496 (1997)

SIMON LEVI COMPANY, LTD., et al., Plaintiffs and Appellants, v. DUN & BRADSTREET PENSION SERVICES, INC., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

June 2, 1997.


Attorney(s) appearing for the Case

COUNSEL

O'Melveny & Myers, Stephen P. Pepe, David A. Wimmer and Debra L. Boyd for Plaintiffs and Appellants.

Hill, Farrer & Burrill and Stuart H. Young, Jr., for Defendants and Respondents.


OPINION

HASTINGS, J.

This case presents the question whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Statute 829, as amended, 29 United States Code section 1001 et seq., preempts state common law claims by an employer and benefit plan against a contract administrator for alleged breach of contract and tortious conduct. We conclude there is no preemption under these circumstances, noting a split among the federal...

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