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LONE STAR OB/GYN ASSOCIATES v. AETNA HEALTH INC.

No. 08-50646.

579 F.3d 525 (2009)

LONE STAR OB/GYN ASSOCIATES, Plaintiff-Appellee, v. AETNA HEALTH INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 18, 2009.

Attorney(s) appearing for the Case

Martin Jonathan Siegel (argued), Law Offices of Martin J. Siegel, Houston, TX, Stephen W. Boyd, Boyd & Holland PLC, San Antonio, TX, for Plaintiff-Appellee.

John Bruce Shely (argued), Cameron P. Pope and Dimitri Zgourides, Andrews Kurth, L.L.P., Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Lone Star OB/GYN Associates ("Lone Star") brought this action in Texas state court under Texas law, alleging that health insurance provider Aetna Health Inc. ("Aetna") failed to pay the proper amount for services provided to patients treated by Lone Star. Aetna removed the case to federal court, arguing that Lone Star's state law claims were completely preempted by the Employee Retirement Income...

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