Burditt v. Kerr-McGee Chemical Corp.

OPINION

SENTER, Chief Judge.

This cause is before the court upon the defendants’ motion to dismiss and motion for summary judgment on the plaintiffs ERISA claim. Based upon the following, the defendants’ motions are denied.

FACTS

Carol Burditt began working at the Kerr-McGee facility in Hamilton, Mississippi in February, 1984 as a clerical employee. Bur-ditt applied for the position through the Mississippi Employment office in Aberdeen, Mississippi. Burditt worked under the supervision of Kerr-McGee employees, was expected to keep regular hours as other employees, and was to conduct herself in a…