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LEDERMAN v. PACIFIC MUT. LIFE INS. CO.

Civ. No. 80-843-WPG.

494 F.Supp. 1020 (1980)

Alan LEDERMAN and Harriett Lederman, Plaintiffs, v. PACIFIC MUTUAL LIFE INSURANCE COMPANY, Charles Hone, Defendants.

United States District Court, C. D. California.

August 12, 1980.

Attorney(s) appearing for the Case

John C. McCarthy, Claremont, Cal., for plaintiffs.

Adams, Duque & Hazeltine, James L. Nolan, Douglas L. Hallett, Los Angeles, Cal., for defendants.

MEMORANDUM OF DECISION

WILLIAM P. GRAY, District Judge.

This action was filed in the California Superior Court and removed here by the defendant citing the authority of 28 U.S.C. § 1331(a) and § 1441(a). The plaintiff moves for remand to the state court. For reasons herein set forth, such motion will be granted.

The plaintiff is a "participant" under a group major medical plan (the plan) established by Mr. Lederman's employer in conjunction...

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