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JONES v. LMR INTERN., INC.

No. 05-13682.

457 F.3d 1174 (2006)

Irene JONES, Jimmy Gordy, Lilly Franklin, Caldonia Jackson, Patricia Jones, Brenda Myers, Loretta Person, Marsha Baldwin, Donna Parish, David Helms, Arlandrew Morris, James Glenn, Erma Dinkins, Izora Reeves, Barbara King, Timothy J. Snipes, Tangela Glenn, Sybil Hartzog, Juanita Bailey, Tiffany Edwards, Lorena Ming, Sandra Morris, Lawanda Morris, Gloria Johnson, David Ward, Clara Ree Tuggle, Lawanda R. Glenn, Cynthia Christinsen, Cassandra Johnson, Jerry Hill, Corrianne Hicks, Christine Whigham, Faye Tew, Plaintiffs-Appellants, v. LMR INTERNATIONAL, INC., a business or corporation, a division or subsidiary of Custom Services International, Inc., Custom Services International, Inc., a business or corporation, Great West Life & Annuity Insurance Company, a business or corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 31, 2006.

Attorney(s) appearing for the Case

Jeff S. Daniel, Law Office of Jeff S. Daniel, P.C., Richard F. Horsley, Goozee, King & Horsley, Birmingham, AL, for Plaintiffs-Appellants.

William H. Brooks, Michael L. Bell, Wynn M. Shuford, Sarah Oliver Warburton, Lightfoot, Franklin & White, L.L.C., Birmingham, AL, Ron Schlager, Law Offices of Ron Schlager, Sherman Oaks, CA, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, and HILL and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

The questions presented in this appeal are (1) whether the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001 et seq. ("ERISA") completely preempts state law claims seeking damages for breach of contract, lost health insurance benefits, failure to notify that an ERISA plan had lapsed and premium payments for losses incurred after the plan lapsed; and (2) whether claims against an entity which played a...

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