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HUBBARD v. BLUE CROSS & BLUE SHIELD ASS'N

Nos. 92-2903, 92-2908.

42 F.3d 942 (1995)

Rebecca T. HUBBARD and Jim Hubbard, Plaintiffs-Appellants, v. BLUE CROSS & BLUE SHIELD ASSOCIATION, et al., Defendants, Blue Cross & Blue Shield Association, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 12, 1995.

Attorney(s) appearing for the Case

Jeff Murphrey, Tekell, Book & Matthews, Houston, TX, for appellants.

Denise A. Bretting, Daniel J. Sheehan, Jr., Sheehan, Young & Culp, P.C., Dallas, TX, for appellee.

Before JONES and DeMOSS, Circuit Judges, and SCHWARTZ, District Judge.

DeMOSS, Circuit Judge:

Plaintiff Rebecca Hubbard1 was a beneficiary under a group insurance policy regulated by the Employee Retirement Income Security Act ("ERISA").2 This appeal concerns whether Hubbard's state-law fraudulent inducement claims—brought against a third party other than the insurer—are preempted by ERISA. We hold that one of Hubbard's claims is preempted by ERISA and that the other...

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