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JOHNSON v. WATERFRONT SERVICES CO.

No. 5-07-0458.

909 N.E.2d 342 (2009)

Albert JOHNSON, Jr., Plaintiff-Appellant, v. WATERFRONT SERVICES COMPANY and Geoffrey C. Smith, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

May 28, 2009.

Attorney(s) appearing for the Case

John R. Patchett, Patchett Law Office, Marion, IL; Gary D. Greenwald, Keller Rohrback, P.L.C., Phoenix, AZ, for Appellant.

Eric D. Martin, Robert J. Tomaso, Blackwell Sanders LLP, St. Louis, MO, for Appellees.

Justice GOLDENHERSH delivered the opinion of the court:

Plaintiff, Albert Johnson, Jr., filed a complaint against defendants, Waterfront Services Company and Geoffrey C. Smith, in the circuit court of Alexander County. The court entered a summary judgment in favor of defendants. The appeal raises two issues: (1) whether plaintiff's complaint was preempted by the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq. (2006)) and...

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