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VAUGHN v. CVS REVCO D.S., INC.

No. COA00-159.

551 S.E.2d 122 (2001)

William Edward VAUGHN, Plaintiff, v. CVS REVCO D.S., INC., Defendant.

Court of Appeals of North Carolina.

July 3, 2001.

Attorney(s) appearing for the Case

Haywood, Denny & Miller, L.L.P., by Michael W. Patrick, Chapel Hill, for plaintiff-appellant.

Yates, McLamb & Weyher, L.L.P., by Barry S. Cobb, Raleigh, for defendant-appellee.

CAMPBELL, Judge.

Plaintiff appeals the trial court's determination that his claims are preempted by the Employment Retirement Income Security Act, 29 U.S.C. §§ 1001-1461 (ERISA), and, thus, subject to dismissal for lack of jurisdiction.

On 9 June 1999, plaintiff filed an action against CVS Revco D.S., Inc. (defendant), successor in interest to Revco D.S., Inc. (Revco), alleging anticipatory breach of contract and unfair and deceptive trade practices...

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