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DUKES v. U.S. HEALTH CARE SYSTEMS OF PENNSYLVANIA

Civ. A. No. 93-0577.

848 F.Supp. 39 (1994)

Cecilia DUKES, Trustee ad litem of the Estate of Darryl Dukes, Deceased v. UNITED STATES HEALTH CARE SYSTEMS OF PENNSYLVANIA, INC.; Germantown Hospital and Medical Center; William W. Banks, M.D.; Charles R. Drew Mental Health Center; and Edward B. Hosten, M.D.

United States District Court, E.D. Pennsylvania.

March 17, 1994.

Attorney(s) appearing for the Case

Stephen C. Josel, Attarah B. Feenane, Stephen C. Josel & Assoc., P.C., Philadelphia, PA, for Cecilia Dukes.

Richard M. Simins, Gilbert F. Casellas, Arline L. Bayo-Santiago, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for U.S. Health Care.

Pamela A. LaTorre, James I. Devine & Associates, Plymouth Meeting, PA, Alan S. Gold, Monaghan & Gold, P.C., Elkins Park, PA, for Germantown Hosp. & Medical Center, William W. Banks, M.D. and Charles R. Drew Mental Health Center.

Joseph Goldberg, Philadelphia, PA, Pamela A. LaTorre, James I. Devine & Associates, Plymouth Meeting, PA, for Edward B. Hosten, M.D.

MEMORANDUM AND ORDER

DITTER, District Judge.

This case was originally brought in state court and involves allegations of negligence on the part of two doctors, two medical centers, and a health maintenance organization ("HMO"). United States Health Care Systems of Pennsylvania, Inc. ("USHC"), the HMO, has moved to dismiss the claims against it on the ground that the state claims are pre-empted by ERISA. For the reasons set forth below, USHC's motion...

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