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ROLLO v. MAXICARE OF LOUISIANA, INC.

Civ. A. No. 88-2131.

695 F.Supp. 245 (1988)

James G. ROLLO v. MAXICARE OF LOUISIANA, INC. and Carl E. Kemmerly, III, M.D.

United States District Court, E.D. Louisiana.

September 6, 1988.

Attorney(s) appearing for the Case

Jennifer N. Willis, Mark S. Goldstein, New Orleans, La., for James Rollo.

Brook, Morial, Cassibry, Fraiche & Pizza, Donnald D. Fraiche, Trial Atty., Montgomery, Barnett, Brown, Read, Hammond & Mintz, Stanley McDermott, Jr., New Orleans, La., for Maxicare of La., Carl E. Kemmerly, III, M.D.

ORDER AND REASONS

FELDMAN, District Judge.

This suit, and defendants' motion to dismiss or, alternatively, for summary judgment focus on a persistent and hotly-debated issue: the extent and nature of ERISA's preemption of state law claims.

Plaintiff, James G. Rollo, an employee of Martin-Marietta, was injured in a non-work-related automobile accident in October of 1986. His dispute arises from the circumstances of his subsequent medical care. At...

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