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SHAW v. PACC HEALTH PLAN, INC.

9106-04101; CA A76072.

881 P.2d 143 (1994)

130 Or. App. 32

Ronald E. SHAW, Appellant, v. PACC HEALTH PLAN, INC., an Oregon corporation; and United Employer Benefit Corporation, an Oregon corporation, Respondents, and Holly Hart, dba Old Wives' Tales Restaurant, Defendant.

Court of Appeals of Oregon.

Decided September 7, 1994.

Attorney(s) appearing for the Case

Cynthia L. Barrett, Portland, argued the cause and filed the briefs, for appellant.

Richard Uffelman, Portland, argued the cause, for respondent United Employer Benefit Corp. With him on the brief, was Hansen & Uffelman.

Nancy S. Tauman, Oregon City, argued the cause, for respondent PACC Health Plan, Inc. With her on the brief, was Hibbard, Caldwell & Schultz.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Plaintiff appeals from the trial court's entry of judgment for defendants PACC Health Plan, Inc. (PACC) and United Employer Benefit Corporation (UEBC), contending that the court erred in dismissing plaintiff's breach of fiduciary duty claim against UEBC and in granting summary judgment to PACC on each of plaintiff's claims against PACC on the ground that the claims are preempted by the Employee Retirement Income Security Act of 1974 (ERISA...

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