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HEIMANN v. NATIONAL ELEVATOR INDUSTRY PENSION FUND

No. 97-50165.

187 F.3d 493 (1999)

Louis D. HEIMANN, Plaintiff-Appellant, v. The NATIONAL ELEVATOR INDUSTRY PENSION FUND, and The National Elevator Industry Health Benefit Plan, Defendants. Louis D. Heimann, Jr., and Lou Heimann, Plaintiff-Appellants, v. International Union of Elevator Constructors, and Ken Burkett, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 27, 1999.

Attorney(s) appearing for the Case

Robert Joseph Westbrook, Austin, TX, for Plaintiffs-Appellants.

Sally M. Tedrow, O'Donoghue & O'Donoghue, Washington, DC, for International Union of Elevator Constructors and Burkett.

Before EMILIO M. GARZA, STEWART and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Louis Heimann and his wife, Lou Heimann, appeal from the dismissal of their case for failure to state a claim upon which relief may be granted under Fed.R.Civ.P. 12(b)(6). They contend that the district court erred in deciding that the Employee Retirement Income Security Act of 1974 ("ERISA") preempted their Texas state law claims for tortious interference with contract and intentional infliction of emotional distress. Alternatively, if the...

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