Legal Opinion
Fixx v. UNITED MINE WORKERS OF AMERICA DIST. 17
District Court, S.D. West Virginia
Decided June 30, 1986No. Civ. A. 83-2170, 83-2171PublishedCited by 3 opinions
1Opinion of the Court
ORDER
HADEN, Chief Judge.
These cases come before the Court as actions for declaratory judgment pursuant to 28 .U.S.C. § 2201. The parties have all moved for summary judgment. The central question to be decided is whether W. Va. Code, § 23-5A-2 is preemped by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. — more particularly, 29 U.S.C. § 1144(a). John Gotses and Darrel Fixx are named fiduciaries of plans created and governed by the provisions of the Employee Retirement Income Security Act. Valley Camp and .Cannelton are corporate fiduciaries under ERISA. The…
2Cases cited15 opinions
- Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
- Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
- Commonwealth Edison Co. v. MontanaSupreme Court of the United States · 1981
- Rebaldo v. CuomoCourt of Appeals for the Second Circuit · 1984
- Holland v. Burlington Industries, Inc.Court of Appeals for the Fourth Circuit · 1985
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3Cited by3 opinions
- U.S. Steel Mining Co., Inc. v. District 17, United Mine Workers Of AmericaCourt of Appeals for the Fourth Circuit · 1990
- Greater Washington Board of Trade v. District of Columbia and Sharon Pratt DixonCourt of Appeals for the D.C. Circuit · 1992
- Donaldson Mine Co. v. Human Rights CommissionWest Virginia Supreme Court · 1992