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CANNON v. GROUP HEALTH SERVICE OF OKLAHOMA, INC.

No. 94-6451.

77 F.3d 1270 (1996)

Jerry CANNON, Individually and on behalf of the Estate of Phyllis Cannon, Deceased, Plaintiff-Appellant, v. GROUP HEALTH SERVICE OF OKLAHOMA, INC., d/b/a Blue Cross & Blue Shield of Oklahoma; GHS Health Maintenance Organization, Inc., d/b/a Blue Lincs HMO, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 28, 1996.

Attorney(s) appearing for the Case

Larry Alan Tawwater (Jo L. Slama and Terry T. Wiens with him on the briefs), McCaffrey & Tawwater, Oklahoma City, Oklahoma, for Plaintiff-Appellant.

Mark E. Schmidtke (Page Dobson and J.R. "Randy" Baker, Holloway Dobson Hudson Bachman Alden Jennings Robertson & Holloway, Oklahoma City, Oklahoma, with him on the briefs), J.R. Ebenstein Consultants, Valparaiso, Indiana, for Defendants-Appellees.

Before PORFILIO, and BRORBY, Circuit Judges; and HOLMES, District Judge.

JOHN C. PORFILIO, Circuit Judge.

Jerry Cannon filed this action against Group Health Service of Oklahoma, Inc., d/b/a Blue Cross & Blue Shield of Oklahoma, and GHS Health Maintenance Organization, Inc., d/b/a Blue Lines HMO (insurers) to recover damages for the death of his wife, Phyllis Cannon. After removal to federal court, the district court granted summary judgment for the insurers, holding Mr. Cannon's claims were preempted by the Employee Retirement Income...

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