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STATE BD. OF REG. FOR HEALING v. FALLON

No. SC 82841.

41 S.W.3d 474 (2001)

STATE BOARD OF REGISTRATION FOR the HEALING ARTS, Respondent, v. Richard FALLON, M.D., Appellant.

Supreme Court of Missouri, En Banc.

April 10, 2001.

Attorney(s) appearing for the Case

Richard J. Pautler, Lewis R. Mills, Thompson Coburn, LLP, St. Louis, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, James R. Layton, James O. Ertle, Assistant Attorneys General, Jefferson City, for Respondent.

PRICE, Chief Justice.

Dr. Richard Fallon appeals an order of the circuit court requiring him to appear before the State Board of Registration for the Healing Arts (the Board). He contends that the Employee Retirement Income Security Act of 1974 (ERISA) preempts Missouri law insofar as it grants the Board authority to review medical decisions made on behalf of an employee benefit plan. Because Dr. Fallon's actions in this...

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