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PACIFICARE OF OKLAHOMA, INC. v. BURRAGE

No. 95-5064.

59 F.3d 151 (1995)

PACIFICARE OF OKLAHOMA, INC., Petitioner, v. Honorable Michael BURRAGE, United States District Court for the Northern District of Oklahoma, Respondent, Clare Davidson Schachter, as Personal Representative of the Estate of Barbara Jean Davidson, Deceased, and Clare Davidson Schachter, individually, for and on behalf of Clare Davidson Schachter, Jack Davidson and Jill Davidson Rooney, as surviving children of Barbara Jean Davidson, Deceased, Real Party in Interest.

United States Court of Appeals, Tenth Circuit.

July 11, 1995.

Attorney(s) appearing for the Case

Reuben Davis, Kimberly Lambert Love, R. Tom Hillis, of Boone, Smith, Davis, Hurst & Dickman, Tulsa, OK, for petitioner Pacificare of Oklahoma, Inc.

Fred E. Stoops, Sr., John M. Schroeder, Brad Smith, of Richardson & Stoops, Tulsa, OK, for Real Party In Interest.

Before ANDERSON, BRORBY, and HENRY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This matter concerns a malpractice action originally filed in state court. Pacificare of Oklahoma, Inc., a health maintenance organization (HMO) and one of the named defendants, removed the action to federal court, stating the state law claims are preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1144(a). The district court concluded that ERISA preempts only one of plaintiff's three claims...

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