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GRAVES v. BLUE CROSS OF CALIFORNIA

No. C-87-4815 EFL.

688 F.Supp. 1405 (1988)

Douglas GRAVES, Plaintiff, v. BLUE CROSS OF CALIFORNIA, Defendant.

United States District Court, N.D. California.

May 25, 1988.

Attorney(s) appearing for the Case

Jeremiah J. Leahy, Foster City, Cal., for plaintiff.

Daniel A. Chesir, Blue of Cross of California, Oakland, Cal., for defendant.

MEMORANDUM DECISION

LYNCH, District Judge.

This case is before the Court on plaintiff Graves' motion to remand. The sole issue raised by this motion is whether the federal Employee Retirement Income Security Act of 1974 ("ERISA") preempts claims brought pursuant to section 790.03(h) of the California Insurance Code. For reasons explained below, this Court concludes that ERISA does not preempt such claims and therefore grants the motion to remand.

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