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MEREDITH v. TIME INS. CO.

No. 92-2300 Summary Calendar.

980 F.2d 352 (1993)

JeNeal MEREDITH, Plaintiff-Appellant, v. TIME INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 6, 1993.

Attorney(s) appearing for the Case

Karen A. Lerner, Michael B. Charlton, Houston, Tex., for plaintiff-appellant.

Regina Giovannini, Brown, Parker & Leahy, Houston, Tex., for defendant-appellee.

Before POLITZ, Chief Judge, JOLLY and EMILIO M. GARZA, Circuit Judges.

POLITZ, Chief Judge:

JeNeal Meredith appeals the summary judgment dismissal of her Texas commonlaw and statutory claims against her insurance carrier, Time Insurance Company. Finding her claims to be beyond the preemptive scope of the Employee Retirement Income Security Act ("ERISA"), we vacate and remand.

Background

Meredith is the owner of a business known as the "Strawberry Fruit Basket Co.," a...

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