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HAYNES v. PRUDENTIAL HEALTH CARE

No. 01-60801.

313 F.3d 330 (2002)

Geneva C. HAYNES, As Administratrix of the Estate of Charles Haynes, Jr., Deceased, Plaintiff-Appellant, v. PRUDENTIAL HEALTH CARE, Member-Aetna US Healthcare, "PruCare", a Kentucky corporation or association contracting with SLS Incorporated, for the provision of medical insurance and health care services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 9, 2002.

Attorney(s) appearing for the Case

George Parker Young (argued), The Law Offices of George Parker Young, Fort Worth, TX, for Plaintiff-Appellant.

John Bruce Shely (argued), Kendall Matthew Gray, Andrews & Kurth Mayor, Day, Caldwell & Keeton, Houston, TX, Robert T. Gordon, Jr., Susan L. Runnels, Heidelberg & Woodliff, Jackson, MS, for Defendant-Appellee.

Before DeMOSS, STEWART and DENNIS, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Geneva C. Haynes, Administratrix of the Estate of Charles Haynes, Jr. ("Haynes"), appeals from the district court's FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) dismissal in favor of Prudential Health Care Plan, Inc. ("PruCare"). The issue raised on appeal is whether the district court erred in dismissing Haynes's negligence claims as preempted under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.<...

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