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BRANCO v. UFCW-NORTHERN CALIFORNIA EMPLOYERS

No. 00-15884.

279 F.3d 1154 (2002)

Alfred BRANCO; Edward Branco; Steven Branco, Plaintiffs-Appellants, v. UFCW-NORTHERN CALIFORNIA EMPLOYERS JOINT PENSION PLAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2002.

Attorney(s) appearing for the Case

John A. DeRonde, Jr., Fairfield, California, for the plaintiff-appellant.

J. Thomas Bowen and Florence E. Culp, Davis, Cowell & Bowe, LLP, San Francisco, California, for the defendant-appellee.

Before: PREGERSON and RAWLINSON, Circuit Judges, and CHARLES WEINER, Senior District Judge.

Opinion by Judge RAWLINSON; Dissent by Judge PREGERSON.

OPINION

RAWLINSON, Circuit Judge.

This case sits at the intersection of the Employee Retirement Income Security Act ("ERISA") and California's community property statutes. We must decide whether ERISA preempts a state law which allows a predeceased spouse's interest in her ex-husband's pension plan to pass to her heirs. In this case of first impression...

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