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KEMP v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 95-9223.

109 F.3d 708 (1997)

Barbara J. KEMP; Maria G. Wilson; Roger Wilson, Plaintiffs-Counter-Defendants-Appellees, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 8, 1997.

Attorney(s) appearing for the Case

John F. Wymer, III, Powell, Goldstein, Frazer & Murphy, Atlanta, GA, Michael S. Horne, Jennifer R. Meron, Covington & Burling, Washington, DC, Theresa K. Mohan, Howard G. Ziff, IBM Corp., White Plains, NY, for appellant.

Roy E. Barnes, Jerry A. Landers, Jr., Marietta, GA, David Eugene Hudson, Augusta, GA, for appellees.

Before BIRCH and CARNES, Circuit Judges, and MICHAEL, Senior District Judge.

CARNES, Circuit Judge:

After International Business Machines (IBM) canceled its Retirement Education Assistance Program (REAP), the plaintiffs, former REAP beneficiaries, brought state law claims for breach of contract and fraud against IBM in state court. IBM removed the case to federal district court on federal question grounds, and then sought dismissal of the plaintiffs' claims as preempted by the Employee Retirement Income Security Act, 29 U.S.C. § 1001...

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