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AYBAR v. N.J. TRANSIT BUS OPERATIONS, INC.

305 N.J. Super. 32 (1997)

GRACE AYBAR, PLAINTIFF, v. NEW JERSEY TRANSIT BUS OPERATIONS, INC., JIMMIE O. JAMES, DEFENDANTS-APPELLANTS, AND GOVERNMENT EMPLOYEES HOSPITAL ASSOCIATION, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 14, 1997.

Attorney(s) appearing for the Case

Patricia A. Schiripo, Deputy Attorney General, argued the cause for appellants (Peter Verniero, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Schiripo, on the brief).

Scott R. Jamison argued the cause for respondent Government Employees Hospital Association, Inc. (Melito & Adolfsen and Gordon & Barnett, attorneys; Mr. Jamison and Michael J. Schwab, on the brief).

Before Judges PRESSLER, CONLEY and WALLACE.

The opinion of the court was delivered by CONLEY, J.A.D.

As posed to us, the State in this appeal urges us to determine that "the anti-subrogation provision of the New Jersey Tort Claims Act ..., N.J.S.A. 59:9-2e1, does not `relate to' health insurance or plans ... within the meaning of [the Federal Employees Health Benefit Act] 5 U.S.C. § 8902(m)(1), and, thus, is not preempted thereby." The issue, potentially, is much...

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