Lafferty v. Solar Turbines International

666 F.2d 408 3 Employee Benefits Ca 1001 Melvin K. LAFFERTY, and Harold Mnew, individually and on behalf of all those similarly situated, Plaintiffs-Appellants, v. SOLAR TURBINES INTERNATIONAL, an Operating Group of International Harvester Company, Defendant-Appellee. No. 80-5606. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1981. Decided Jan. 25, 1982. J. Kenneth Jensen, La Jolla, Cal., for plaintiffs-appellants. Edward J. McIntyre, Gray, Cary, Ames & Frye, San Francisco, Cal., for defendant-appellee. Appeal from the United States District Court for the Southern District of California. Before NELSON and CANBY, Circuit Judges, and TASHIMA, * District Judge. PER CURIAM: 1 Appellants, plaintiffs below, seek review of an order of the district court denying remand to the state court in this dispute over pension benefits. The district court denied the motion to remand after concluding that the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1383 (1976 & Supp. II 1978), preempted appellants' alleged claim under state law, and granted defendant's motion for summary judgment. We affirm. FACTUAL AND PROCEDURAL…