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MEM. HOSP. SYSTEM v. JOHN HANCOCK MUT. LIFE INS. CO.

Civil Action No. H-95-5083.

952 F.Supp. 449 (1996)

MEMORIAL HOSPITAL SYSTEM, Plaintiff, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, S.D. Texas, Houston Division.

July 30, 1996.

Attorney(s) appearing for the Case

Marguerite B. Griffith, Sullins Johnston Rohrbach & Magers, Houston, TX, for plaintiff Memorial Hospital Systems.

Richard A. Illmer, Brown McCarroll and Oaks, Hartline, L.L.P., Dallas, TX, Eliott R. Good, Chorpenning Good & Mancuso, Columbus, OH, for defendant John Hancock Mutual Life Insurance Company.

MEMORANDUM AND ORDER

ATLAS, District Judge.

Pending before the Court is Plaintiff's Motion for Remand [Doc. # 3] and Defendant's Motion to Dismiss [Doc. # 10-1]. For the reasons discussed below, Defendant's Motion is GRANTED IN PART and DENIED IN PART, and Plaintiff's Motion is GRANTED.

This is one of those rare cases in which the complete preemption doctrine arising from the Employee Retirement Income Security Act of 1974, 29 U.S.C. §...

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