Legal Opinion

George Straub v. Western Union Telegraph Company

Court of Appeals for the Tenth Circuit

Decided July 15, 1988No. 85-2624PublishedCited by 128 opinions

1Opinion of the Court

LOGAN, Circuit Judge.

George Straub appeals from the dismissal of his claims against Western Union Telegraph Company (defendant) for breach of contract and negligent misrepresentation. 1 The district court dismissed these claims as preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 to § 1461. On appeal Straub argues that there is no ERISA preemption, and, alternatively, that he has stated a claim under ERISA.

Straub’s claims arise from a dispute concerning pension benefits. Defendant employed Straub from October 1947 to April 1978. During this time,…

2Cases cited17 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  4. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  5. Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981

12 more not listed; retrieve them via the Exa API.

3Cited by128 opinions

  1. Martin Hansen, Cross-Appellee v. The Continental Insurance Company and Commercial Insurance Company of Newark, New Jersey, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
  2. Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust v. Gerber Truck Service, Inc.Court of Appeals for the Seventh Circuit · 1989
  3. Hozier v. Midwest Fasteners, Inc.Court of Appeals for the Third Circuit · 1990
  4. Paul E. Black v. Tic Investment Corp. Stratton Georgoulis, Individually and James H. Slife, IndividuallyCourt of Appeals for the Seventh Circuit · 1990
  5. Roy A. Cefalu v. B.F. Goodrich CompanyCourt of Appeals for the Fifth Circuit · 1989

123 more not listed; retrieve them via the Exa API.

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