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HOSPICE OF METRO DENVER v. GROUP HEALTH INS.

No. 90-1323.

944 F.2d 752 (1991)

HOSPICE OF METRO DENVER, INC., a Colorado corporation, Plaintiff-Appellant, v. GROUP HEALTH INSURANCE OF OKLAHOMA, INC., doing business as Blue Cross & Blue Shield of Oklahoma, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 10, 1991.

Attorney(s) appearing for the Case

Robert Lynn New, Englewood, Colo., for plaintiff-appellant.

Frank R. Kennedy of Cooper & Kelley, P.C., Denver, Colo., for defendant-appellee.

Before LOGAN, MOORE and BALDOCK, Circuit Judges.

PER CURIAM.

Plaintiff-appellant Hospice of Metro Denver, Inc. (Hospice) appeals from the dismissal of its promissory estoppel claim against defendant Group Health Insurance of Oklahoma, Inc., d/b/a Blue Cross and Blue Shield of Oklahoma (Blue Cross). The district court dismissed the claim as preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 to § 1461 (ERISA). On appeal, Hospice argues that there is no ERISA preemption as...

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