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HAMPERS v. W.R. GRACE & CO., INC.

No. 99-1362.

202 F.3d 44 (2000)

Constantine L. HAMPERS, M.D., Plaintiff, Appellant, v. W.R. GRACE & CO., INC., W.R. Grace & Co.-Conn., Inc., National Medical Care, Inc., Fresenius National Medical Care Holdings, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 28, 2000.

Attorney(s) appearing for the Case

D. Lloyd Macdonald, with whom Andrew C. Glass and Kirkpatrick & Lockhart, LLP were on brief, for appellant.

Michael R. Pontrelli, with whom Thomas Elkind, Lawrence M. Kraus, and Epstein, Becker and Green, P.C. were on brief, for appellees.

Before STAHL, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

This appeal requires us to decide whether the Employee Retirement Income Security Act of 1974 ("ERISA") as amended, 29 U.S.C. § 1001 et. seq., preempts a common law cause of action for lump sum contract damages where the alleged breach involves the failure of a former employer to enroll the plaintiff in an ERISA-regulated employee pension benefit plan. The plaintiff, Dr. Constantine Hampers, demanded a jury trial on his common law...

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