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ELCO MECHANICAL v. BUILDERS SUPPLY

Civ. A. No. 2:93-0565.

832 F.Supp. 1054 (1993)

ELCO MECHANICAL CONTRACTORS, INC., et al., Plaintiffs, v. BUILDERS SUPPLY ASSOCIATION OF WEST VIRGINIA, et al., Defendants.

United States District Court, S.D. West Virginia. Charleston Division.

October 6, 1993.

Attorney(s) appearing for the Case

James M. Sturgeon, Jr., David K. Schwirian, Pauley, Curry, Sturgeon & Vanderford, Charleston, WV, for plaintiffs.

James R. Watson, Steptoe & Johnson, Charleston, WV, for defendants Builders Supply Ass'n of West Virginia and Commercial Banking & Trust Co.

Thomas E. Scarr, Elizabeth D. Harter, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, for defendant Michael M. Albert.

J. Timothy Poore, Timothy Poore, Huntington, WV, for defendants Cent. Ben. Brokerage Agency of Kentucky, Inc. and J. Dale Morgan.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Plaintiffs' motion to remand. Defendant Builders Supply Association of West Virginia ("BSA") with the consent of all other Defendants removed this action from the Circuit Court of Kanawha County alleging Plaintiffs' claims are preempted by the Employee Retirement Income Security Act ("ERISA"). 29 U.S.C. § 1001-1461. For reasons which follow, the Court GRANTS Plaintiffs'...

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