Tingey v. Pixley-Richards West, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
*909ORDER
This is a fee application by Pixley-Rich-ards West, Inc. (Pixley) instituted as a consequence of our decision in Tingey v. Pixley-Richards West, Inc., 953 F.2d 1124 (9th Cir.1992). In our decision on the merits, we ruled that the Tingeys’ entire First Amended Complaint was preempted by ERISA § 514(a), 29 U.S.C. § 1144(a). We thus affirmed that portion of the district court’s decision dismissing some counts of the complaint, and reversed as to those counts that the district court remanded to Arizona state court. Given the posture of the appeal and the district court’s mistaken preemption…
2Cases cited4 opinions
- Hummell v. S. E. Rykoff & Co.Court of Appeals for the Ninth Circuit · 1980
- Eaves v. PennCourt of Appeals for the Tenth Circuit · 1978
- Lavern Marquardt, and Earline Marquardt v. North American Car CorporationCourt of Appeals for the Seventh Circuit · 1981
- Tingey v. Pixley-Richards West, Inc.Court of Appeals for the Ninth Circuit · 1992
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- Pens. Plan Guide P 23908wCourt of Appeals for the Ninth Circuit · 1995
- Corder v. Howard Johnson & Co.Court of Appeals for the Ninth Circuit · 1995
- Credit Managers Ass'n of Southern California v. Kennesaw Life & Accident InsuranceCourt of Appeals for the Ninth Circuit · 1994
- Credit Managers Association Of Southern California v. Kennesaw Life And Accident Insurance CompanyCourt of Appeals for the Ninth Circuit · 1994
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