United States Sixth Circuit

In a breach of contract action arising from a merger agreement in which defendant-merging company guaranteed that participants in the other company's pre-merger employee benefit plan would receive funds from defendant's general assets if certain conditions were met, dismissal of the action is affirmed where the district court properly held that ERISA preempted the breach of contract claim.

Appellate Information

• Decided 11/30/2006
• Published 11/30/2006

Judges

• Before:  ROGERS and GRIFFIN, Circuit Judges;  HOOD, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Richard G. Meyer, Deters, Benzinger & Lavelle, Covington, Kentucky, for Appellants.  Patrick F. Fischer, Keating, Muething & Klekamp, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Richard G. Meyer, John R. Kirk, Deters, Benzinger & Lavelle, Covington, Kentucky, for Appellants.  Patrick F. Fischer, Sue A. Erhart, Keating, Muething & Klekamp, Cincinnati, Ohio, for Appellee.