Frank Terramorse, IV v. Yellow Freight Systems, Inc., a Foreign Corporation

12 F.3d 1108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank TERRAMORSE, IV, Plaintiff-Appellant, v. YELLOW FREIGHT SYSTEMS, INC., A Foreign Corporation, Defendant-Appellee. No. 92-16067. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1993. * Decided Nov. 18, 1993. Before: ALARCON, LEAVY, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 We review the summary judgment de novo. Felton v. Unisource Corp., 940 F.2d 503, 508 (9th Cir.1991). Plaintiff asserted state claims arising out of a demotion which he claims was intended to reduce his pension entitlement. The district court correctly held that these claims were preempted by ERISA. Tingey v. Pixley-Richards West, Inc., 953 F.2d 1124, 1130-31 (9th Cir.1990). Plaintiff chose to stand on his state claims, rather than assert an ERISA claim, so the summary judgment denying relief on the preempted claims was correctly granted. 3 We assume without deciding that plaintiff's age discrimination claim under…