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SPARKS v. MO-KAN IRON WORKERS PENSION FUND

No. 90-0812-CV-W-5.

765 F.Supp. 566 (1990)

Harvey A. SPARKS, Plaintiff, v. MO-KAN IRON WORKERS PENSION FUND and its Trustees, et al., Defendants.

United States District Court, W.D. Missouri, W.D.

December 28, 1990.

Attorney(s) appearing for the Case

G. Gordon Atcheson, Blake & Uhlig, Kansas City, Mo., for plaintiff.

Terry L. Tyrrell, Morrison, Hecker, Curtis, Kuder & Parrish, Overland Park, Kan., Michael C. Arnold, Yonke, Arnold & Newbold, Kansas City, Mo., for defendants.

ORDER

SCOTT O. WRIGHT, District Judge.

Now before the Court is Defendant Delores Cole's motion to dismiss the complaint against her. Ms. Cole's motion presents the issue of ERISA's preemptive effect in a suit against a nonfiduciary. (ERISA — Employee Retirement Income Security Act of 1974, 29 U.S.C.A. § 1001 et seq.). Counts I and II seek damages for Defendant Cole's alleged negligent miscalculation...

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