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MEMORIAL HOSP. SYSTEM v. NORTHBROOK LIFE INS. CO.

No. 89-2513.

904 F.2d 236 (1990)

MEMORIAL HOSPITAL SYSTEM, Plaintiff-Appellant, v. NORTHBROOK LIFE INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 16, 1990.

Attorney(s) appearing for the Case

Mark Douglas Herbert, Sullins, Johnston, Rohrbach & Magers, Houston, Tex., for plaintiff-appellant.

Michael Kuhn, Bracewell & Patterson, Houston, Tex., for Northbrook.

Mike Johanson, Weitinger & Tucker, Houston, Tex., for Noffs.

Before POLITZ, KING and WILLIAMS, Circuit Judges.

KING, Circuit Judge:

Plaintiff-appellant Memorial Hospital System appeals a summary judgment dismissing two claims against defendants-appellees, one claim for breach of contract and the other claim for deceptive and unfair trade practices based on article 21.21 of the Texas Insurance Code. The district court determined that both state law claims were preempted under the Employee Retirement Income Security Act of 1974. We affirm that portion of the district court's...

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