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BRANDON v. INTERFIRST CORP.

No. 88-1305 Summary Calendar.

858 F.2d 266 (1988)

Faye BRANDON, Plaintiff-Appellant, v. INTERFIRST CORPORATION, and John Hancock Mutual Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 26, 1988.

Attorney(s) appearing for the Case

Stephen R. Marsh, Wichita Falls, Tex., for plaintiff-appellant.

Stephen Briley, Wichita Falls, Tex., for defendants-appellees.

Mikal S. Lambert, Wichita Falls, Tex., for John Hancock.

Before CLARK, Chief Judge, JOHNSON and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Faye Brandon appeals from the judgment dismissing her claim against John Hancock Mutual Life Insurance Co. ("Hancock"), as administrator of the benefit plan of Brandon's former employer, for the plan's refusal to cover her medical expenses. Brandon contends on appeal that the district court erroneously rejected her argument that Hancock was judicially estopped from raising ERISA preemption as a defense because, Brandon contends, the...

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