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KELLEHER v. HOOD

No. 2-92-0214.

605 N.E.2d 1018 (1992)

238 Ill. App.3d 842

179 Ill.Dec. 4

Robert E. KELLEHER, a Minor, by his Father and Next Friend, Robert D. Kelleher, Plaintiff and Petitioner-Appellee, v. Jason HOOD et al., Defendants-Appellees (Health Care Service Corporation, d/b/a Blue Cross Blue Shield of Illinois, Respondent in Lien Adjudication-Appellant).

Appellate Court of Illinois, Second District.

December 15, 1992.

Attorney(s) appearing for the Case

Jeffrey B. Levens, Augustine Kern & Levens Ltd., Chicago, for Health Care Service Corp.

James E. Ocasek, Cooney & Conway, David J. Fitzpatrick, Matayas & Norris, Chicago.

Justice UNVERZAGT delivered the opinion of the court:

Respondent, Health Care Service Corporation (HCSC), appeals from the denial of its lien on a minor's estate. Respondent contends that the circuit court of Du Page County erred in applying the law, and that the Employee Retirement Income Security Act (ERISA) (29 U.S.C. § 1001 et seq. (1988)) preempts Illinois case law.

Petitioner, Robert D. Kelleher, father and next friend of his minor son, Robert...

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