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VANTAGE HEALTH PLAN, INC. v. ACMG, INC.

Nos. 36,430-CA, 36,362-CW.

830 So.2d 398 (2002)

VANTAGE HEALTH PLAN, INC., Plaintiff-Appellant, v. ACMG, INC., ACMG of Louisiana, Inc., Thomas Maynard, Paul McVay, Charles Duncan, W. Gordon Garrett, Belinda Cox, Peggy Eads and Harold Bischoff, Defendant-Appellees.

Court of Appeal of Louisiana, Second Circuit.

October 23, 2002.

Attorney(s) appearing for the Case

J. Michael Hart, Monroe, for Appellant.

Taggart, Morton, Ogden, Staub, Rougelot & O'Brien, L.L.C. by Perry R. Staub, Jr., Michael W. Hill, New Orleans, for Appellees.

Before STEWART, PEATROSS & KOSTELKA, JJ.

PEATROSS, J.

This consolidated appeal1 presents the question of whether the Employee Retirement Income Security Act's ("ERISA") broad preemption provision bars the state law claims of Vantage Health Plan, Inc. ("Vantage"), sponsor of an ERISA plan, against the plan's administrator, ACMG of Louisiana, Inc. ("ACMG")2. The trial court sustained an Exception of Lack of Subject Matter Jurisdiction filed by ACMG...

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