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BLUE CROSS OF CALIFORNIA v. ANESTHESIA CARE ASSOC.

Nos. 98-15257, 98-15258, 98-15843, and 98-55884.

187 F.3d 1045 (1999)

BLUE CROSS OF CALIFORNIA, Plaintiff-Appellant, v. ANESTHESIA CARE ASSOCIATES MEDICAL GROUP, INC., Defendant-Appellee. Blue Cross of California, Plaintiff-Appellant, v. Anesthesiology Consultants of Contra Costa County Medical Group, Inc., Defendant-Appellee. Blue Cross of California, Plaintiff-Appellant, v. Kern Bone and Joint Specialists, Incorporated, Defendant-Appellee. Blue Cross of California, Plaintiff-Appellant, v. Beaver Medical Clinic, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 1999.

Attorney(s) appearing for the Case

James H. Fleming, Fleming & Phillips, Walnut Creek, California, for the petitioner-appellant.

Edward P. Sangster, McKenna & Cuneo, San Francisco, California, for the respondents-appellees.

Before: NOONAN and TASHIMA, Circuit Judges, and RESTANI, Court of International Trade Judge.

TASHIMA, Circuit Judge:

We are asked to determine whether the claims of medical providers against a health care plan for breach of their provider agreements are preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. We conclude that the fact that these medical providers obtained assignments of benefits from beneficiaries of ERISA-covered health care plans does not convert their claims into claims for benefits...

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