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GEWEKE FORD v. ST. JOSEPH'S OMNI PREF. CARE INC.

No. 95-16586.

130 F.3d 1355 (1997)

GEWEKE FORD, Plaintiff-Appellant, v. ST. JOSEPH'S OMNI PREFERRED CARE INCORPORATED; Alden Risk Management Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn April 28, 1997.

Resubmitted December 2, 1997.

Decided December 10, 1997.

Attorney(s) appearing for the Case

Lisa S. Serebin and R. Bradford Huss, Trucker Huss, San Francisco, CA, for plaintiff-appellant.

William A. Helvestine, Epstein, Becker & Green, San Francisco, CA, for defendant-appellee St. Joseph's Omni Preferred Care, Inc.

Robert D. Phillips, Jr., Bowles & Verna, Walnut Creek, CA, for defendants-appellees John Alden Life Insurance Company and Alden Risk Management Services.

Before: FLETCHER, WIGGINS and T.G. NELSON, Circuit Judges.

WIGGINS, Circuit Judge:

Plaintiff filed suit in state court alleging that the third party administrator and the excess liability insurer of its health benefit plan failed to perform their contractual duties to repay it for expenses arising from a payment under the plan. The defendants presented an ERISA-based defense and removed to federal court. The district court dismissed the complaint under Rule 12(b)(6), holding that ERISA preempted the state claims, yet provided...

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