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PROVIDENCE HEALTH PLAN v. McDOWELL

Nos. 02-35263, 02-35841.

385 F.3d 1168 (2004)

PROVIDENCE HEALTH PLAN, an Oregon non-profit corporation, Plaintiff-Appellant, v. Gary McDOWELL; Roselea McDowell, Defendants-Appellees. Providence Health Plan, an Oregon non-profit corporation, Plaintiff-Appellant, v. Gary McDowell; Roselea McDowell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2004.

Amended October 1, 2004.

Order Denying Rehearing and Rehearing October 1, 2004.

Attorney(s) appearing for the Case

William F. Gary, Sharon A. Rudnick and Arden J. Olson, Harrang Long Gary Rudnick, P.C., Eugene, OR, for the plaintiff-appellant.

Gordon T. Carey, Jr., Portland, OR, for the defendants-appellees.

Before BRUNETTI, T.G. NELSON, and GRABER, Circuit Judges.

Order Denying Rehearing and Rehearing En Banc October 1, 2004.

BRUNETTI, Circuit Judge:

These appeals concern two actions by Providence Health Plan to recover benefits paid to its insureds, the McDowells. The first action, "McDowell I," was for breach of contract and was filed in state court. McDowell I was removed to federal court and dismissed as completely preempted under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U...

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