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MUNOZ v. PRUDENTIAL INS. CO. OF AMERICA

No. 85-K-1300.

633 F.Supp. 564 (1986)

Barbara MUNOZ, Plaintiff, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, D. Colorado.

As Amended May 30, 1986.

Attorney(s) appearing for the Case

Andrew C. Littman, Stevens & Littman, Boulder, Colo., for plaintiff.

Alan Gary Dunn, Phelps, Hall, Singer & Dunn, Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This case presents an issue of first impression in this circuit on the pre-emptive effect of Erisa on a suit against a non-fiduciary administrator of a self-funded employee benefits plan. Plaintiff seeks damages for defendant's failure to provide medical insurance coverage under the employee benefit plan of the Storage Technology Corporation. Plaintiff premises her right to recovery upon breach of contract...

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