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WEAVER v. EMPLOYERS UNDERWRITERS, INC.

No. 93-4153.

13 F.3d 172 (1994)

Jimmy WEAVER and Jeanette Weaver, Plaintiffs-Appellants, v. EMPLOYERS UNDERWRITERS, INC., Malcolm Rodrigues, d/b/a Rodrigues Logging, and Lisa Elliott, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 10, 1994.

Attorney(s) appearing for the Case

Robert M. Wood, Lindsey B. Whisenhant, John E. Kinney, Woodville, TX, for plaintiffs-appellants.

David L. Allen, Cary D. Kirby, Zeleskey, Cornerlius, Hallmark, Borgfield & Roper, Lufkin, TX, for defendants-appellees.

Before VAN GRAAFEILAND, SMITH, and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The district court held that certain claims by an independent contractor against his employer were preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. We reverse.

I.

Malcolm Rodrigues owned an unincorporated logging business and hired Jimmy Weaver as a "saw hand" to fell timber in certain tracts of land designated to him by Rodrigues. Rodrigues would tell Weaver...

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