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KUHL v. LINCOLN NAT. HEALTH PLAN OF KANSAS CITY

Nos. 92-2604, 92-2607.

999 F.2d 298 (1993)

Mary KUHL; Buddy Kuhl, Jr.; Marnie K. Kuhl, Appellants, v. LINCOLN NATIONAL HEALTH PLAN OF KANSAS CITY, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1993.

Rehearing and Suggestion for Rehearing Denied August 13, 1993.

Attorney(s) appearing for the Case

Clarence W. Crumpecker, Jr., Kansas City, MO, argued (Linda J. Salfrank and James A. Durbin, on the brief), for appellants.

Mark E. Johnson, Kansas City, MO, argued (Terry L. Tyrrell, R. Christopher Abele and William E. Hanna, on the brief), for appellee.

Before WOLLMAN and BEAM, Circuit Judges, and BOGUE, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 13, 1993.

BEAM, Circuit Judge.

This consolidated appeal arises from the district court's1 orders resolving two actions brought against Lincoln National Health Plan of Kansas City, Inc. (Lincoln National) as a result of the death of its insured, Buddy Kuhl. The district court held that the plaintiffs' state law claims against Lincoln National were preempted by the Employee...

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