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IN RE U.S. HEALTHCARE, INC.

Nos. 98-5222, 98-5262, 98-5263.

193 F.3d 151 (1999)

In re U.S. HEALTHCARE, INC., Petitioner in No. 98-5222 Steven Bauman, Michelle Bauman, Individually and as Administrators ad prosequendum of the Estate of Michelina Bauman, deceased v. U.S. Healthcare, Inc., Kennedy Memorial Hospital, Washington Township Division, Kamila Nemeh, M.D., John Does (1-5) U.S. Healthcare, Inc., Appellant in No. 98-5262 Steven Bauman, Michelle Bauman, Individually and as Administrators ad prosequendum of the Estate of Michelina Bauman, deceased, Appellants in No. 98-5263 v. U.S. Healthcare, Inc., Kennedy Memorial Hospital, Washington Township Division, Kamila Nemeh, M.D., John Does (1-5)

United States Court of Appeals, Third Circuit.

Filed September 16, 1999.

Attorney(s) appearing for the Case

Joshua M. Spielberg (Argued), Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, Cherry Hill, N.J., Attorney for Respondents in No. 98-5222, Appellees in No. 98-5262

Burt M. Rublin (Argued), Ballard, Spahr, Andrews & Ingersoll Philadelphia, PA,

Howard J. Bashman, Richard M. Simins, Montgomery, McCracken, Walker & Rhoads Philadelphia, PA, Edward S. Wardell, Kelley, Wardell & Craig Haddonfield, N.J., Attorneys for Petitioner in No. 98-5222, Attorneys for Appellant in 98-5262, Appellee in No. 98-5263.

Henry L. Solano, Solicitor of Labor, Marc I. Machiz, Associate Solicitor, Karen L. Handorf, G. William Scott (Argued), United States Department of Labor, Plan Benefits Security Division Washington, D.C., Amicus-respondent in No. 98-5222, Amicus-appellee in No. 98-5262 & 98-5263.

Before: SLOVITER, ALITO and ALARCON, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This case calls upon us to revisit the issue of "complete preemption" under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a), in the context of a lawsuit claiming medical malpractice, a question we last considered in Dukes v. U.S. Healthcare, Inc., 57 F.3d 350 (3d Cir.1995).

The plaintiffs, Steven and Michelle Bauman, brought suit...

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