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BULLOCK v. EQUITABLE LIFE ASSUR. SOC. OF U.S.

No. 00-60473.

259 F.3d 395 (2001)

Thomas W. BULLOCK, Plaintiff-Appellee, v. The Equitable Life Assurance Society of the UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 24, 2001.

Attorney(s) appearing for the Case

Duncan J. Farmer (argued), Ricci, Hubbard, Leopold, Frankel & Farmer, West Palm Beach, FL, William I. Gault, Jr., Kelly & Gault, Jackson, MS, for Plaintiff-Appellee.

Jeffrey David Wohl, Orrick, Herrington & Sutcliffe, San Francisco, CA, Michael Noel Watts, Holcomb Dunbar, Oxford, MS, Robert S. Whitman (argued), Orrick, Herrington & Sutcliffe, New York City, for Defendant-Appellant.

Before HIGGINBOTHAM, DAVIS, and BENAVIDES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case requires that we again visit the uncertain ground of preemption under the Employment Retirement Income Security Act.1 On interlocutory appeal, the insurer asks us to overturn the district court's finding that ERISA does not preempt a claimant's state law claims. We are persuaded that the claims as now framed are preempted. We vacate the district court's judgment and remand for further proceedings...

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