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DOBBS v. ANTHEM BLUE CROSS AND BLUE SHIELD

Nos. 07-1398, 07-1402.

600 F.3d 1275 (2010)

Steven DOBBS; Naomi Dobbs, Plaintiffs-Appellants-Cross-Appellees, v. ANTHEM BLUE CROSS AND BLUE SHIELD, a Colorado Insurance Company, Defendant-Appellee-Cross-Appellant. Southern Ute Indian Tribe, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 31, 2010.

Attorney(s) appearing for the Case

Shawn Mitchell, Broomfield, CO, for the Appellants-Cross-Appellees.

John R. Mann, Kennedy Childs & Fogg, P.C., Denver, CO, (Dean A. McConnell with him on the brief), for Appellee-Cross-Appellant.

Thomas H. Shipps and Patricia A. Hall, Maynes, Bradford, Shipps & Sheftel, LLP, Durango, CO, Monte Mills, Legal Department, Southern Ute Indian Tribe, Ignacio, CO, and Nancy Williams Bonnett, Pietzsch, Bonnett & Womack, P.A., Phoenix, AZ, filed a brief on behalf of Amicus Curiae in favor of the Appellee-Cross-Appellant.

Before HENRY, Chief Circuit Judge, BRISCOE, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

This case comes to us on appeal for the second time. Steven and Naomi Dobbs' state law claims against Anthem Blue Cross and Blue Shield ("Anthem") were initially dismissed by the district court as preempted by the Employee Retirement Income Security Act ("ERISA"). On the first appeal, we vacated the court's disposition, holding that the Dobbs' claims would not be preempted if the insurance plan at issue qualified as a "governmental plan" under...

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