Marshall v. Ormet Corp.

OPINION AND ORDER

SARGUS, District Judge.

This matter is before the Court for consideration of Defendant’s Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. # 2). Plaintiffs assert state law claims for misrepresentation, breach of fiduciary duty, intentional infliction of emotional distress, loss of survivorship interest in retirement benefits and loss of consortium. Defendant claims, however, that although styled as claims for relief under state law, Plaintiffs’ allegations amount to a claim for breach of duty by fiduciary of a plan governed by the…