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DAWSON v. WYATT'S CAFETERIAS, INC.

Civ. A. No. 1:91 CV 505.

792 F.Supp. 521 (1992)

Tonie DAWSON v. WYATT'S CAFETERIAS, INC.

United States District Court, E.D. Texas, Beaumont Division.

April 30, 1992.

Attorney(s) appearing for the Case

Fern V. Jacobs, Dryden, Grossheim & Sutton, Beaumont, Tex., for plaintiff.

Bettye S. Springer, Kent Smith, Haynes & Boone, Fort Worth, Tex., for defendant.

MEMORANDUM ORDER

COBB, District Judge.

Plaintiff Dawson filed this lawsuit for personal injuries in state court. Defendant Wyatt's removed on the grounds that a suit for benefits under an ERISA plan is preempted. Dawson moved for remand, arguing that the suit arose under the state workers compensation laws and that ERISA did not preempt the suit. Before Dawson moved for remand, the court permitted the Texas Board of Insurance to intervene and seek a declaratory...

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