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TINGEY v. PIXLEY-RICHARDS WEST, INC.

Nos. 89-15377, 89-15402, 89-15452.

958 F.2d 908 (1992)

Bradley D. TINGEY, husband; Amy E. Tingey, wife; Bradley D. Tingey, as guardian ad litem for Trevor F. Tingey, a minor, Plaintiffs-Appellants, v. PIXLEY-RICHARDS WEST, INC., a Massachusetts corporation; Blue Cross & Blue Shield of Massachusetts, a foreign corporation, Defendants-Appellees. Bradley D. TINGEY, husband; Amy E. Tingey, wife, and Bradley D. Tingey, as guardian ad litem for Trevor F. Tingey, a minor, Plaintiffs-Appellees, v. PIXLEY-RICHARDS WEST, INC., a Massachusetts corporation, Defendant-Appellant. Bradley D. TINGEY, husband; Amy E. Tingey, wife; Bradley D. Tingey, as guardian ad litem for Trevor F. Tingey, a minor, Plaintiffs-Appellees, v. PIXLEY-RICHARDS WEST, INC., a Massachusetts corporation, Defendant-Appellant. Bradley D. TINGEY, husband; Amy E. Tingey, wife; Bradley D. Tingey, as guardian ad litem for Trevor F. Tingey, a minor, Plaintiffs-Appellees, v. PIXLEY-RICHARDS WEST, INC., a Massachusetts corporation; Roland "Buzz" Mosher, and Jane Doe Mosher, husband and wife; John Does I through V; White Corporation; Black Corporation, Defendants, and Blue Cross and Blue Shield of Massachusetts, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 10, 1992.

ORDER

This is a fee application by Pixley-Richards West, Inc. (Pixley) instituted as a consequence of our decision in Tingey v. Pixley-Richards West, Inc., 953 F.2d 1124 (9th Cir.1992). In our decision on the merits, we ruled that the Tingeys' entire First Amended Complaint was preempted by ERISA § 514(a), 29 U.S.C. § 1144(a). We thus affirmed that portion of the district...

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