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.


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.



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