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McLEAN v. CARLSON COMPANIES, INC.

Civ. No. 3-91-453.

777 F.Supp. 1480 (1991)

Claire McLEAN, Plaintiff, v. CARLSON COMPANIES, INC., Defendant.

United States District Court, D. Minnesota, Third Division.

November 25, 1991.

Attorney(s) appearing for the Case

Karla R. Wahl, Minneapolis, Minn., for plaintiff.

R. Scott Davies, Briggs and Morgan, Minneapolis, Minn., for defendant.

MEMORANDUM OPINION AND ORDER

DEVITT, District Judge.

In this action removed from state court, the basic issue on plaintiff's motion for remand is whether the Employee Retirement Income Security Act (ERISA) preempts plaintiff's retaliatory discharge claim pursued under authority of a Minnesota statute which prohibits employers from retaliating against "whistle blowing" employees. The court finds ERISA preempts plaintiff's retaliatory discharge claim and provides...

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