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SELF-INSURANCE INSTITUTE v. KORIOTH

No. 92-8444.

993 F.2d 479 (1993)

SELF-INSURANCE INSTITUTE OF AMERICA, INC., Plaintiff-Appellant, v. Claire KORIOTH, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 23, 1993.

Attorney(s) appearing for the Case

Louis K. Bonham, Honigman, Miller, Schwartz & Cohn, Houston, TX, Stephen Wasinger, Honigman, Miller, Schwartz & Cohn, Detroit, MI, for plaintiff-appellant.

John M. Hohengarten, Asst. Atty. Gen., William E. Storie, Austin, TX, for defendants-appellees.

Before, REYNALDO G. GARZA, WILLIAMS and JONES, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Self-Insurance Institute of America, Inc. ("SIIA"), initiated this declaratory judgment action under 28 U.S.C. §§ 2201-02 requesting the district court to enjoin the enforcement of certain provisions in the Texas Insurance Code on the ground that they were preempted by ERISA. The case was dismissed because the district court determined that it lacked subject matter jurisdiction under 29 U.S.C. § 1132, and that SIIA...

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