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BOTSFORD v. BLUE CROSS AND BLUE SHIELD OF MONTANA

No. 01-36019.

314 F.3d 390 (2002)

Bruce F. BOTSFORD, Plaintiff-Appellee, v. BLUE CROSS AND BLUE SHIELD OF MONTANA, INC.; Blue Cross and Blue Shield Association, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2002.

Attorney(s) appearing for the Case

Anthony F. Shelley (argued), Miller & Chevalier, Chartered, Washington, DC, Bradley J. Luck, Garlington, Lohn & Robinson, PLLP, Missoula, Montana, for the appellants.

Michael J. Lilly, Berg, Lilly & Tollefsen, P.C., Bozeman, Montana, for the appellee.

Before TROTT, T.G. NELSON, and THOMAS, Circuit Judges.

OPINION

T.G. NELSON, Circuit Judge:

Defendants, Blue Cross and Blue Shield of Montana, Inc. ("Blue Cross") appeal the district court's dismissal of Bruce F. Botsford's suit against them for lack of jurisdiction. Because we conclude that the Federal Employees Health Benefits Act1 (FEHBA) completely preempts Botsford's claim against Blue Cross, and that his claim thus arose under federal law, we reverse and remand.

I....

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