Legal Opinion
General Motors Corporation v. David J. Buha and James B. Stone, County District Judge
Court of Appeals for the Sixth Circuit
Decided June 16, 1980No. 78-1175PublishedCited by 125 opinions
1Opinion of the Court
LIVELY, Circuit Judge.
This appeal requires us to determine whether benefits under a pension plan which is covered by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq. (1976), are subject to garnishment by a creditor of a plan beneficiary. The appeal is from an order of the district court which permanently enjoined a judgment creditor and a state court judge from enforcing or attempting to enforce a writ of garnishment served on the trustee of a pension plan. General Motors Corporation (GM) sought the injunction as a fiduciary of the plan.
I
The facts are not in…
2Cases cited21 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Huffman v. Pursue, Ltd.Supreme Court of the United States · 1975
- Moore v. SimsSupreme Court of the United States · 1979
- Juidice v. VailSupreme Court of the United States · 1977
- Mitchum v. FosterSupreme Court of the United States · 1972
16 more not listed; retrieve them via the Exa API.
3Cited by125 opinions
- In Re Charles W. Graham, Debtor. Edward F. Samore, Trustee v. Charles W. Graham, Trustee of the Charles W. Graham, M.D. Ltd. Profit Sharing Plan TrustCourt of Appeals for the Eighth Circuit · 1984
- Levy v. LewisCourt of Appeals for the Second Circuit · 1980
- In Re the Justices of the Supreme Court of Puerto Rico, in Re Colegio De Abogados De Puerto Rico, and Fundacion Colegio De AbogadosCourt of Appeals for the First Circuit · 1982
- The Firestone Tire & Rubber Company Virgil E. Arrington v. James A. NeusserCourt of Appeals for the Sixth Circuit · 1987
- Joseph F. O’TOOLE & Marjorie C. O’Toole, Plaintiffs, Appellants, v. ARLINGTON TRUST COMPANY, Defendant, AppelleeCourt of Appeals for the First Circuit · 1982
120 more not listed; retrieve them via the Exa API.