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

2d Cir. | 1981-11-24
Nos. 17, Docket 80-7127
Before MOORE and KEARSE, Circuit Judges, and TENNEY, District Judge.
666 F.2d 27 United States Court of Appeals for the Second Circuit (1981) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM:

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 remanded for such further consideration as may be appropriate.


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