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DELTA DENTAL PLAN OF CALIFORNIA, INC. v. MENDOZA

No. 96-15245.

139 F.3d 1289 (1998)

DELTA DENTAL PLAN OF CALIFORNIA, INC., a California corporation; Rockwell International Corporation, a Delaware corporation, Plaintiffs-Appellees, v. Gary MENDOZA, Commissioner, Commissioner of Corporations of the State of California, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 27, 1998.

Attorney(s) appearing for the Case

Carol Dorward, San Francisco, CA, for defendant-appellant.

Matthew L. Larrabee, San Francisco, CA, for plaintiffs-appellees.

Before: FLETCHER and REINHARDT, Circuit Judges, and WARDLAW, District Judge.

FLETCHER, Circuit Judge:

The Commissioner of Corporations of the State of California ("the Commissioner") appeals a decision by the district court granting declaratory and injunctive relief to Delta Dental Plan of California, Inc. ("Delta") and Rockwell International Corporation ("Rockwell"). The district court held that the Commissioner's Cease and Desist Order is preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001,

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