BERNARD v. MICHELIN NORTH AMERICA, INC.

No. CIV.A. 1:01-CV-406.

193 F.Supp.2d 908 (2001)

Ronald BERNARD, Jr. and Rachel Bernard Walters, as Co-Executors of the Estate of Robert Bernard, Sr. Plaintiffs v. MICHELIN NORTH AMERICA, INC. Defendant

United States District Court, E.D. Texas, Beaumont Division.

September 17, 2001.


Attorney(s) appearing for the Case

James Morris, Jr., Lindol Bruce Gregory, Wright & Pitre, Port Neches, TX, for Plaintiffs.

Matthew L. Hoeg, Thurston Corey Bailey, Andrews Kurth Mayer Day Caldwell & Keeton, Houston, TX, for Defendant.


ORDER and MEMORANDUM

COBB, District Judge.

Before the court is Plaintiffs' Motion to Remand [Dkt. # 3], and the court having reviewed the motion and response on file is of the opinion that the motion be DENIED because Plaintiffs' claim is preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. ("ERISA").

Plaintiffs originally filed petition in Texas state court on May 23, 2001, asserting a breach of...

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