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MDPHYSICIANS & ASSOCIATES v. STATE BD. OF INS.

No. 91-1469.

957 F.2d 178 (1992)

MDPHYSICIANS & ASSOCIATES, INC., Plaintiff-Appellant, v. STATE BOARD OF INSURANCE, A Body Politic of the State of Texas, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 1, 1992.

Attorney(s) appearing for the Case

Richard C. Titus, Raleigh, N.C., for plaintiff-appellant.

Fred I. Lewis, Sedora Rosetta Jefferson, Asst. Attys. Gen., Dan Morales, Atty. Gen., Austin, Tex., for defendants-appellees.

Tess J. Ferrara, Atty., Dept. of Labor, Plan Benefits Sec. Div., Washington, D.C., for amicus curiae Secretary of Labor.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

GOLDBERG, Circuit Judge:

This case involves the definition of an "employee welfare benefit plan" found in the Employee Retirement Income Security Act of 1974. We confess that the parties seemed "bewitched, bothered and bewildered"1 in attempting to apply the statute to the facts of this case at oral argument — the outset of our journey through ERISA. The statutory map, along with statements of legislative purpose by Congress, the...

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