Linda Graebner, Plaintiff/appellant, v. James River Corporation, Defendant/appellee, 955 F.2d 47 (9th Cir. 1992)

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U.S. Court of Appeals for the Ninth Circuit - 955 F.2d 47 (9th Cir. 1992)

Argued and Submitted Feb. 11, 1992. Decided Feb. 19, 1992


Before GOODWIN, FARRIS and POOLE, Circuit Judges.


MEMORANDUM* 

The facts are not in dispute. The trial court properly applied the applicable law to those facts. Graebner makes a valiant effort to avoid ERISA preemption, but it fails for the reasons announced by the trial court.

We deny each party's claim for attorney's fees. The action is a bona fide dispute. Nothing in the record suggests bad faith by either party.

AFFIRMED.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this Circuit except as provided by Ninth Circuit Rule 36-3