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No. 123237
| C.C. Mid West, Inc., |
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Michael F. Smith (248) 258-1616 |
Plaintiff-Appellant, |
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vs (Appeal from Ct of Appeals) |
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(Oakland - Langford-Morris, D.) |
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| Howard McDougall, Robert J. Baker, |
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Stephen F. Wasinger
(248) 414-9900 |
Arthur H. Bunte, Jr., R.V. Pulliam, Sr., |
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Joe Orrie, Jerry Younger, George J. |
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Westley, Ray Cash, and
Ronald J. Kubalanza,
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Defendants-Appellees. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellant's Brief on Appeal>>
Plaintiff-Appellant's Reply Brief>>
Defendants-Appellees' Brief on Appeal>>
Background
Plaintiff , a nonunion trucking company, sued the defendants, who are Teamsters pension fund officials, for interference with its contractual relations and with a business expectancy. The suit was based on letters that the pension fund officials had sent to pension fund participants, telling them that they would not be able to continue to make contributions to the fund if they worked for plaintiff. The Oakland County Circuit Court ruled that it did not have jurisdiction because of the federal Employee Retirement Income Security Act of 1974 (ERISA). In an unpublished per curiam opinion, the Court of Appeals affirmed, concluding that plaintiff's claims are preempted by ERISA. The plaintiff appeals, contending that its case should be allowed to proceed.
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