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HARPER v. AMERICAN CHAMBERS LIFE INS. CO.

No. 87-15043.

898 F.2d 1432 (1990)

Brad HARPER, Mary Deborah Harper, husband & wife, Plaintiffs-Appellants, v. AMERICAN CHAMBERS LIFE INSURANCE COMPANY, A Group Health Insurer; United Chambers Administrators, Inc., a foreign Corporation; American Employers Association, a foreign corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1990.

Attorney(s) appearing for the Case

John S. Schaper, Phoenix, Ariz., for plaintiffs-appellants.

David F. Gaona, Evans, Kitchel & Jenckes, Phoenix, Ariz., for defendants-appellees.

Before HUG, TANG and BOOCHEVER, Circuit Judges.

OPINION

TANG, Circuit Judge:

Brad and Mary Harper appeal the district court's judgment that their medical insurance policy was a "plan" under the Employee Retirement Income Security Act of 1974, thus precluding their state law claims. We reverse and remand.

FACTS AND PROCEEDINGS

Brad Harper and Mark Nelson formed a partnership, Nelson Harper & Associates, which began business operations in June 1984. Shortly thereafter, the partnership...

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