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ALLSTATE v. OPERATING ENG. L. 324 HEALTH CARE PLAN

No. 90-CV-71194-DT.

742 F.Supp. 952 (1990)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. OPERATING ENGINEERS LOCAL 324 HEALTH CARE PLAN and Thomas Brauer, Defendants.

United States District Court, E.D. Michigan, S.D.

August 3, 1990.

Attorney(s) appearing for the Case

David E. Oppliger, Port Huron, Mich., for plaintiff.

Richard M. Selik, Southfield, Mich., for defendants.

OPINION

DUGGAN, District Judge.

In this matter, removed from state court, plaintiff has filed a motion to remand contending that the Court lacks subject matter jurisdiction. The Court disagrees and, accordingly, will deny such motion. Also pending are cross-motions for summary judgment. In this Court's opinion, defendant is entitled to summary judgment.

I.

The motion to remand raises a "preemption" issue. Plaintiff, a no-fault insurer,...

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