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MORSTEIN v. NATIONAL INS. SERVICES, INC.

No. 94-9152.

93 F.3d 715 (1996)

Margery A. MORSTEIN, Plaintiff-Appellant, v. NATIONAL INSURANCE SERVICES, INC.; Pan American Life Insurance Company; the Shaw Agency; Scott Hankins, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 19, 1996.

Attorney(s) appearing for the Case

Edward Francis Danowitz, Danowitz & Ryder, Atlanta, GA, for Appellant.

Michael T. Thornton, Linda Fitzgerald, Office of Michael T. Thornton, Atlanta, GA, for Appellees.

Before TJOFLAT, Chief Judge, and KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.

BIRCH, Circuit Judge:

This case was taken en banc to clarify the law in our circuit regarding state law preemption by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461 (1988). In this appeal, we must decide whether state law claims asserted against an independent insurance agent and his agency for fraudulent inducement to purchase and negligence in processing an application for an ERISA-governed insurance plan sufficiently...

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