McCLUSKEY v. BELLSOUTH MEDICAL ASSISTANCE PLAN

No. 2:97 CV 916 K.

23 F.Supp.2d 1312 (1998)

Jennifer McCLUSKEY, through her legal guardian, Robert Peay, et al., Plaintiffs, v. BELLSOUTH MEDICAL ASSISTANCE PLAN, et al., Defendants.

United States District Court, D. Utah, Central Division.

October 13, 1998.


Attorney(s) appearing for the Case

Brian S. King, Marcie E. Schaap, King & Isaacson, Salt Lake City, UT, for Robert Peay, Teen Help, Delbert E. Goates.

Gary L. Johnson, Richards Brandt Miller & Nelson, Salt Lake City, UT, Keith W. Kochler, BellSouth Telecommunications, Atlanta, GA, for BellSouth Medical Assistance Plan, Blue Cross Blue Shield of Alabama.


ORDER

KIMBALL, District Judge.

Before the Court is Defendants' Motion to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer. Oral argument of the motion was held on September 22, 1998. At that time, Plaintiffs' counsel first asserted that personal jurisdiction over Defendants could be based on a provision of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001-1461, that authorizes nationwide service...

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