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BROWN v. GRANATELLI

No. 89-2171.

897 F.2d 1351 (1990)

Judy C. BROWN and Lewis F. Brown, Individually and a/n/f of Reider P.M. Brown, A Minor, and Reise G.L. Brown, A Minor, Deceased, Plaintiffs-Appellants, v. Andy GRANATELLI, As Trustee of Tuneup Masters, Inc. Employee Benefit Plan; The Tuneup Masters, Inc. Employee Benefit Plan, and North American Life and Casualty Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 11, 1990.

Attorney(s) appearing for the Case

Ira Watrous, Houston, Tex., for plaintiffs-appellants.

Gary B. Lawson, Maxweil, Godwin & Carlton, David L. Patterson, Dallas, Tex., Terry Price, Constangy, Brooks & Smith, Naomi S. Ostfeld, James J. McConn, Jr., Hays, McConn, Price & Pickering, Susan C. Stevenson, Houston, Tex., for defendants-appellees.

Before BROWN, REAVLEY, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Browns appeal the district court's grant of summary judgment in favor of Tuneup Masters Employee Benefit Plan, Andy Granatelli, the Plan's trustee, and North American Life and Casualty Company which upheld the denial of benefits under the Plan for two of the Browns' children who were born premature with congenital defects. The district court found that the Employee Retirement Income Security Act of 1974 preempted the application...

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