McGowin v. Manpower International, Inc.

JERRY E. SMITH, Circuit Judge:

Anita McGowin appeals the dismissal of her state law fraud and conspiracy claims for failure to exhaust administrative remedies. The district court held her claims to be completely preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., and decided, as a result, that federal jurisdiction was proper and that McGowin cannot seek relief in federal court without first pursuing an administrative remedy. Agreeing that McGowin’s claims seek relief that is at the core of ERISA, we affirm the dismissal.

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McGowin formerly…