Raul N. Moreno v. Allied-Signal, Inc.

960 F.2d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raul N. MORENO, Plaintiff-Appellant, v. ALLIED-SIGNAL, INC., et al., Defendant-Appellee. No. 90-16800. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1992. * Decided April 20, 1992. Before GOODWIN, FARRIS and POOLE, Circuit Judges. 1 MEMORANDUM ** I. OVERVIEW 2 Raul N. Moreno (Moreno), appeals the district court's grant of summary judgment with respect to his claims of wrongful discharge and breach of contract against his former employer. Because we find that Moreno's claims were preempted by ERISA and raise no genuine issue of material fact, we affirm. II. BACKGROUND 3 Moreno is a former employee of the Garrett Corporation (Garrett) which was subsequently purchased by Allied-Signal, Inc. (Allied). In August, 1985, Moreno stepped on a rock in the Garrett parking lot. The rock pierced the sole of his shoe, became imbedded in his foot, and resulted in his hospitalization. 4 Moreno returned to…