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Burroughs Corp. v. Kramarsky

September 25, 1980

BURROUGHS CORPORATION, PLAINTIFF-APPELLEE,
v.
WERNER H. KRAMARSKY, AS COMMISSIONER OF THE NEW YORK STATE DIVISION OF HUMAN RIGHTS, DEFENDANTS-APPELLANTS



On rehearing as to whether the panel's prior ruling that § 296 of the New York Human Rights Law ("HRL") was not preempted by the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1144(a), should be reversed in light of the Supreme Court's decision in Alessi v. Raybestos-Manhattan, Inc., 451 U.S. 504, 101 S. Ct. 1895, 68 L. Ed. 2d 402 (1981), held : HRL § 296 is preempted by ERISA. The judgment of the district court is affirmed in part and remanded in part.

Before Moore and Kearse, Circuit Judges, and Tenney, District Judge.*fn*

Author: Per Curiam

For the reasons stated today in our opinion on rehearing in Delta Airlines, Inc. v. Kramarsky, 666 F.2d 21, we vacate our original decision on this appeal, reported at 650 F.2d 1308, holding that § 514(a) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1144(a) (1976), did not preempt New York's Human Rights Law, N.Y.Exec.Law § 296 (McKinney 1972 & Supp. 1980-1981).

The judgment of the district court enjoining enforcement of the Human Rights Law with respect to plaintiff's employee benefit plans is affirmed. For the reasons stated in our original opinion, plaintiff's claim under 42 U.S.C. § 1983 is ...


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