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METROPOLITAN LIFE INSURANCE COMPANY, PLAINTIFF-APPELLEE, v. WERNER H. KRAMARSKY, AS COMMISSIONER OF THE NEW YORK STATE DIVISION OF HUMAN RIGHTS, THE NEW YORK STATE DIVISION OF HUMAN RIGHTS, AND THE NEW YORK STATE HUMAN RIGHTS APPEAL BOARD, DEFENDANTS-APPELLANTS.

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 1309, 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 is affirmed.

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METROPOLITAN LIFE INSURANCE CO. v. KRAMARSKY
(Jun 9, 1981)