Kilmer v. Central Counties Bank

OPINION

COHILL, Chief Judge.

Presently before the court are the Plaintiffs’ and Defendant’s motions for summary judgment. This action was initially commenced in the Court of Common Pleas of Blair County, Pennsylvania then removed by Defendant to this court. The issues before us are: 1) whether this action was properly removed from state to federal court, and 2) whether Plaintiffs’ claim under state law is preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461 (1982). Facts

On July 31, 1982, Plaintiff, Mark A. Kilmer, the son of Plaintiff, Michael L.…