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SONOCO PRODUCTS CO. v. PHYSICIANS HEALTH PLAN

No. 02-2137.

338 F.3d 366 (2003)

SONOCO PRODUCTS COMPANY, Plaintiff-Appellant, v. PHYSICIANS HEALTH PLAN, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 31, 2003.

Attorney(s) appearing for the Case

ARUED: Manton McCutchen Grier, HAYNSWORTH SINKLER BOYD, P.A., Columbia, South Carolina, for Appellant.

Jeffrey Stuart Patterson, NELSON, MULLINS, RILEY & SCARBOROUGH, L.L.P., Columbia, South Carolina, for Appellee.

ON BRIEF: H. Simmons Tate, Jr., HAYNSWORTH SINKLER BOYD, P.A., Columbia, South Carolina; James C. Cox, Jr., SALEEBY & COX, P.A., Hartsville, South Carolina, for Appellant. C. Mitchell Brown, Elizabeth, H. Campbell, NELSON, MULLINS, RILEY & SCARBOROUGH, L.L.P., Columbia, South Carolina, for Appellee.

Before KING and SHEDD, Circuit Judges, and Frank W. BULLOCK, Jr., United States District Judge for the Middle District of North Carolina, sitting by designation.

Reversed and remanded by published opinion. Judge King wrote the opinion, in which Judge Shedd and Judge Bullock joined.

OPINION

KING, Circuit Judge:

In January of 2001, Sonoco Products Company ("Sonoco") initiated this lawsuit against Physicians Health Plan, Incorporated ("PHP")1 in South Carolina state court. After PHP removed the case to federal court, asserting that Sonoco's claims were completely preempted by ERISA...

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