57 Fair empl.prac.cas. 209, 56 Empl. Prac. Dec. P 40,905 Don W. Felton Linda Felton, Husband and Wife v. The Unisource Corporation Paper Corporation of America, a Delaware Corporation Alco Standard Corporation, an Ohio Corporation

940 F.2d 503 57 Fair Empl.Prac.Cas. 209 , 56 Empl. Prac. Dec. P 40,905 Don W. FELTON; Linda Felton, husband and wife, Plaintiffs-Appellants, v. The UNISOURCE CORPORATION; Paper Corporation of America, a Delaware corporation; ALCO Standard Corporation, an Ohio corporation, Defendants-Appellees. No. 90-15693. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 12, 1991. Decided July 31, 1991. Keith B. Forsyth, Cruse, Firetag & Bock, Phoenix, Ariz., for plaintiffs-appellants. Tibor Nagy, Jr., and Gerard Morales, Snell & Wilmer, Phoenix, Ariz., for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before HUG, POOLE and FERGUSON, Circuit Judges. FERGUSON, Circuit Judge: 1 Plaintiffs-appellants Don and Linda Felton appeal the district court's grant of summary judgment for defendants-appellees Unisource, et al., based on its findings that (1) their state law claims are preempted by ERISA and (2) any claim under ERISA is barred by the statute of limitations. 739 F.Supp. 1388 . We hold that the district court correctly found that the Feltons' state law claims were preempted by ERISA, but erred in its determination…