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SEJMAN v. WARNER-LAMBERT CO., INC.

Nos. 87-3824, 87-3825.

845 F.2d 66 (1988)

Virginia M. SEJMAN; A.R. Trautwein; Thomas H. Givens; Thomas J. McHugh, Jr.; Glenda Idle; Roy G. Cook; Joseph D. Dubuque; Robert Reese; Joe L. Norman; Morris Leister; Mary J. Miller; Raymond G. Bernhardt; Lewis Lathern, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. WARNER-LAMBERT COMPANY, INC., Defendant-Appellant. Thomas H. GIVENS; M.L. Brannon; John J. Caputo; C.E. Robinson, Jr., Plaintiffs-Appellees, v. WARNER-LAMBERT COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 18, 1988.

Attorney(s) appearing for the Case

Margaret Blair Soyster (Roger & Wells, O.W. Bannister, Jr., Hill, Wyatt & Bannister on brief), for defendant-appellant.

Clarence Rauch Wise (Wise & Tunstall on brief), for plaintiffs-appellees.

Before HALL and WILKINSON, Circuit Judges; and BULLOCK, United States District Judge for the Middle District of North Carolina, sitting by designation.

K.K. HALL, Circuit Judge:

This consolidated appeal arose from two civil actions wherein former employees of Warner-Lambert Co., Inc. ("Warner-Lambert") asserted a right under South Carolina contract law to benefits pursuant to their former employer's severance policy. Warner-Lambert moved for summary judgment on the ground that state law claims for severance benefits were preempted by the standards of the Employee Retirement...

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