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ROACH v. MAIL HANDLERS BEN. PLAN

No. 01-15360.

298 F.3d 847 (2002)

Lisa ROACH, Plaintiff-Appellant, v. MAIL HANDLERS BENEFIT PLAN, CNA, and Access Health, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2002.

Attorney(s) appearing for the Case

Douglas C. Fladseth, Santa Rosa, California, for the plaintiff-appellant.

Denis F. Gordon, Washington, D.C., William F. Horsey, Vallejo, California, and Paul R. Hoeber, San Francisco, California, for the defendants-appellees.

Before LAY DAVID R. THOMPSON, and TALLMAN, Circuit Judges.

OPINION

DAVID R. THOMPSON, Circuit Judge:

Plaintiff Lisa Roach appeals from the district court's summary judgment in favor of the Mail Handlers Benefit Plan ("Mail Handlers"), CNA,1 and Access Health, Inc (collectively "defendants"). Roach argues the district court erred by characterizing her medical malpractice claim as a denial of benefits claim preempted by the Federal Employees Health Benefits Act (FEHBA), 5 U.S.C. §...

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