WINTERROWD v. AMERICAN GENERAL ANNUITY INS. CO.

No. 01-57184.

321 F.3d 933 (2003)

Neil WINTERROWD; Kevin Yurkus; Gregory Stopp, Plaintiffs-Appellants, v. AMERICAN GENERAL ANNUITY INSURANCE CO., a Texas Corporation; Patrick Grady; The Western National Corporation Job Security Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2003.


Attorney(s) appearing for the Case

William G. Wheatley, Jr., Law Offices of William G. Wheatley, Jr., Del Mar, CA, for the appellants.

D. Ward Kallstrom, Sonnenschein Nath & Rosenthal, San Francisco, CA, for the appellees.

Before: HALL, THOMPSON, and BERZON, Circuit Judges.


OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge:

Neil Winterrowd, Kevin Yurkus, and Gregory Stopp appeal the district court's grant of summary judgment in favor of American General Annuity Insurance Company ("AGAIC"). The district court held that Appellants' breach of contract claim was preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. ("ERISA"). The sole issue on appeal is whether the district court properly...

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