FISCHEL v. EQUITABLE LIFE ASSUR. SOCIETY OF U.S.

Nos. 00-16024, 00-16277.

307 F.3d 997 (2002)

Peter D. FISCHEL; Gerald M. Geiger; Philip J. Havlicek; Edgar C. Chua, Plaintiffs-Appellants, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, a New York corporation, Defendant-Appellee. Peter D. Fischel; Gerald M. Geiger; Philip J. Havlicek; Edgar C. Chua, Plaintiffs-Appellants, Herbert Adelman; Walter Fleischer; Malakoff, Doyle & Finberg, P.C.; Dennis J. Woodruff, Appellants, v. Equitable Life Assurance Society of the United States, a New York corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2002.


Attorney(s) appearing for the Case

Walter H. Fleischer, Washington, DC, for the plaintiffs-appellants.

Wilber H. Boies, McDermott, Will & Emery, Chicago, IL, for the defendant-appellee.

Before CANBY, JR., GRABER, and PAEZ, Circuit Judges.


OPINION

PAEZ, Circuit Judge.

Plaintiffs, who are independent insurance agents for Equitable Life Assurance Society of the United States ("Equitable"), initially brought this class action in California Superior Court challenging Equitable's modification to the agents' commission payment system and to certain agents' health benefits plan. Equitable removed the case to federal court on the grounds that the health benefits claim was completely preempted by the...

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