FILLMORE v. BRUSH WELLMAN, INC.

No. 3:02 CV 7598.

243 F.Supp.2d 758 (2003)

Richard H. FILLMORE, et al., Plaintiff, v. BRUSH WELLMAN, INC., Defendant.

United States District Court, N.D. Ohio, Western Division.

February 5, 2003.


Attorney(s) appearing for the Case

Robert S. Faxon, Jones, Day, Reavis & Pogue, Denise M. Hasbrook, Roetzel & Andress, Jeffrey W. Saks, Jones, Day, Reavis & Pogue, Jeffery D. Ubersax, Jones, Day, Reavis & Pogue, Cleveland, OH, for Brush Wellman, Inc.

George E. Gerken, Andrew S. Lipton, Toledo, OH, for Ralph Whitaker, Richard H. Fillmore, Richard Knauss, Sr., Terry J. Jacobs and Steven L. Musser.


MEMORANDUM OPINION

KATZ, District Judge.

Defendant has filed a motion to dismiss on the basis that Plaintiffs' claims are preempted by the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et seq. As set forth below, this Court lacks subject matter jurisdiction and the matter will be remanded to the Ottawa County Court of Common Pleas.

I. BACKGROUND

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