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REEDS v. WALKER

No. 101,994.

157 P.3d 100 (2006)

2006 OK 43

William S. REEDS, Co-Guardian of the Estate of Phillip M. Reeds, and Ellen O. Reeds, Co-Guardian of the Estate of Phillip M. Reeds, and Phillip M. Reeds, Petitioners, v. The Honorable Thomas S. WALKER, Judge of the District Court, Carter County, Oklahoma, Respondent. National American Insurance Company, Plaintiff/Appellee, v. William S. Reeds, Co-Guardian of the Estate of Phillip M. Reeds, and Ellen O. Reeds, Co-Guardian of the Estate of Phillip M. Reeds, and Phillip M. Reeds, Defendants/Appellants.

Supreme Court of Oklahoma.

Rehearing Denied October 3, 2006.

Attorney(s) appearing for the Case

Dino E. Viera, Nicholas V. Merkley, and Kevin R. Donelson, Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, OK; Stephen J. Adams, Fellers, Snider, Blankenship, Bailey & Tippens; and Stephen Q. Peters, Harris, McMahan, Peters, Thompson & Stall, PC, Tulsa, OK, Attorneys for Petitioners/Appellants.

Michael G. McAtee, McAtee & Woods, P.C., Oklahoma City, OK, Attorney for Respondent and for Appellee.1

OPALA, J.

¶ 1 The dispositive issues presented in these consolidated proceedings are: (1) Do Oklahoma courts have subject matter jurisdiction over an ERISA fiduciary's claim for damages for breach of the subrogation/reimbursement provision of an ERISA-regulated employee benefit plan? and if so, (2) Was plaintiff entitled to summary relief? We answer the first question in the affirmative and the second in the negative.

I

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