WEST PINES PSYCHIATRIC HOSP. v. SAMSONITE BEN. PLAN

No. 93-B-2683.

848 F.Supp. 907 (1994)

WEST PINES PSYCHIATRIC HOSPITAL, a Colorado corporation, Plaintiff, v. SAMSONITE BENEFIT PLAN and Northwestern National Life Insurance Company, Defendants.

United States District Court, D. Colorado.

April 5, 1994.


Attorney(s) appearing for the Case

James R. Benson, Jr., Denver, CO, Mark Douglas Herbert, and John Parker Benz, Sullins, Johnston, Rohrbach, Magers & Herbert, Houston, TX, for plaintiff.

David S. Fein, Popham, Haik, Schnobrich, & Kaufman, Ltd., Denver, CO, for defendant.


MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Northwestern National Life Insurance Company (NWNL) moves to dismiss plaintiff's complaint pursuant to Rule 12(b)(6) for failure to state a claim entitling plaintiff to relief, and on the basis that the plaintiff's state law claims are preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §§ 1001 to 1461 (ERISA). For the reasons set forth below, NWNL's motion will be...

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