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BLUE CROSS AND BLUE SHIELD OF ALABAMA v. SANDERS

No. CV 96-L-0925-NE.

974 F.Supp. 1416 (1997)

BLUE CROSS AND BLUE SHIELD OF ALABAMA, a nonprofit, nonstock corporation, Plaintiff, v. Doyle G. SANDERS, Tina M. Sanders, Defendants.

United States District Court, N.D. Alabama, Northeastern Division.

January 28, 1997.

Attorney(s) appearing for the Case

Kimberly R. West, Scofield West & French, Birmingham, AL, for plaintiff.

Jimmy E. Alexander, James M. Corder, Jr., Robert M. Baker, Alexander Corder Plunk & Baker, Athens, AL, for defendants.

MEMORANDUM OPINION

LYNNE, Senior District Judge.

This cause comes before the court on the cross-motions for summary judgment that both parties have filed. It is clear to this court that Alabama's law of subrogation is preempted by the Employee Retirement Income and Security Act of 1974 ("ERISA"). Thus this court today orders that the motion of plaintiff for summary judgment will be granted, and defendants' motion for summary judgment will be overruled...

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