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CATHEY v. METROPOLITAN LIFE INS. CO.

No. C-8323.

805 S.W.2d 387 (1991)

James C. CATHEY and Bette Cathey, Petitioners, v. METROPOLITAN LIFE INSURANCE CO., Dow Chemical Co. and Michael H. Maddolin, Respondents.

Supreme Court of Texas.

January 30, 1991.

Attorney(s) appearing for the Case

Joe K. Longley, Mark L. Kincaid, Austin, James W. Patterson, Houston, for petitioners.

Katherine D. Hunt, Judson R. Wood, A.J. Harper, II, Fulbright & Jaworski, Houston, Ace Pickens, Austin, William Toppeta, J.M. Lenaghan, D.J. Harman, New York City, for respondents.

OPINION

GONZALEZ, Justice.

This is an appeal in a case involving "ERISA," the Employee Retirement Income Security Act of 1974. 29 U.S.C. §§ 1001-1461 (1988). An employee and his wife brought state law claims against his employer and its insured for alleged wrongful denial of a claim for in-home nursing care. The trial court granted a summary judgment to the defendants. The court of appeals affirmed the judgment of the trial court.

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