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laintiffs-appellants, former employees of Wells Fargo Armored Service Corporation, appeal from a summary judgment entered in the United States District Court for the Eastern District of New York (Nickerson, J.) in favor of defendant-appellee Wells Fargo. The district court's opinion is reported at 637 F.Supp. 73 (E.D.N.Y.1986). Appellants' complaint asserted violations of the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. (1982) ("ERISA"), and pendent state claims resulting from appellee's refusal to pay accumulated sick leave and vacation benefits. Appellants' state contract, fraud, and misrepresentation claims were dismissed. The district judge also dismissed the ERISA claims, holding that the benefits upon which the suit was predicated did not constitute an "employee welfare benefit plan" within ERISA coverage. The district court therefore granted Wells Fargo's motion for summary judgment.

On appeal, appellants challenge the district court's dismissal of the ERISA claims by renewing their assertion that the benefits at issue are within the purview of ERISA. We affirm.


810 F.2d 372 (1987)

William SHEA, Michael McGuire, Michael Kelly, And All Other Persons Similarly Situated, Plaintiffs-Appellants, v. WELLS FARGO ARMORED SERVICE CORPORATION, Defendant-Appellee.

No. 228, Docket 86-7471.

United States Court of Appeals, Second Circuit.

Argued October 27, 1986.

Decided February 4, 1987.

New York Law School location: File #249, Box 118