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SMITH v. TEXAS CHILDREN'S HOSP.

No. 95-20415.

84 F.3d 152 (1996)

Jackie SMITH, Plaintiff-Appellee, v. TEXAS CHILDREN'S HOSPITAL, Defendant-Appellant, and UNUM Life Insurance Company, Defendant.

United States Court of Appeals, Fifth Circuit.

May 15, 1996.

Attorney(s) appearing for the Case

Victor Raul Rodriguez, Houston, TX, for Jackie Smith, plaintiff-appellee.

Thomas Howard Wilson, Suzanne Lehman Johnson, Vinson & Elkins, Houston, TX, for Texas Children's Hospital, defendant-appellant.

Andrew George Jubinsky, Figari & Davenport, Dallas, TX, for UNUM Life Insurance Company, defendant.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Texas Children's Hospital appeals the district court's order remanding to state court a state-law fraudulent-inducement claim. We must decide whether Smith has preserved a fraudulent-inducement claim, and, if so, whether it is nevertheless preempted by the broad federal reach of ERISA. We conclude that Smith's claim may escape ERISA preemption if preserved, but vacate and remand because of uncertainties in the proceedings below...

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