Heimann v. National Elevator Industry Pension Fund

DENNIS, Circuit Judge:

Louis Heimann and his wife, Lou Heim-ann, appeal from the dismissal of their case for failure to state a claim upon which relief may be granted under Fed.R.Civ.P. 12(b)(6). They contend that the district court erred in deciding that the Employee Retirement Income Security Act of 1974 (“ERISA”) preempted their Texas state law claims for tortious interference with contract and intentional infliction of emotional distress. Aternatively, if the state law claims are preempted, they argue that their complaint states federal law claims upon which relief may be granted under…