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LION'S VOLUNTEER BLIND IND. v. AUTO. GROUP ADMIN.

No. 94-6053.

195 F.3d 803 (1999)

LION'S VOLUNTEER BLIND INDUSTRIES, INC., a/k/a Volunteer Blind Industries, Inc.; Lion's Volunteer Blind Industries, Inc. Employee's Group Health Plan; Warren Barnett, Plaintiffs-Appellees, Superior Services of East Tennessee, Inc., Intervening Plaintiff-Appellee, v. AUTOMATED GROUP ADMINISTRATION, INC.; Marketing Diversified Services, Inc.; International Underwriters, Inc.; Commonwealth Life Insurance Company, Defendants-Appellants, William Thompson and Associates; William Thompson; Greeneville Insurance Agency; Paul H. Cook, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 2, 1999.

Attorney(s) appearing for the Case

Thomas J. Markle (argued and briefed), Gary J. Rickner, Barrett & McNagny, Fort Wayne, Indiana, for Defendants-Appellants.

R. Franklin Norton (briefed), Geoffrey D. Kressin (argued and briefed), Norton & Luhn, Knoxville, Tennessee, for Plaintiffs-Appellees Lion's Volunteer Blind Industries, Inc., Lion's Volunteer Blind Industries, Inc. Employee's Group Health Plan.

Robert J. Jessee (argued and briefed), Jessee & Jessee, Johnson City, Tennessee, for Plaintiff-Appellee Leona Barnett.

J. Collins Landstreet, Elizabethton, Tennessee, for Intervenor-Appelee.

Before: MARTIN, Chief Judge; BATCHELDER, Circuit Judge; EDMUNDS, District Judge.

OPINION

BATCHELDER, Circuit Judge.

This permissive interlocutory appeal is before us for a second time. By a joint motion, Defendants-Appellants (collectively, "AGA"), pursuant to 28 U.S.C. § 1292(b), seek review of the district court's determination that § 514(a) of the Employee Retirement Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., did not preempt Appellees' (collectively, "Lion's")1 state law misrepresentation...

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