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CONSUMER BEN. ASS'N OF U.S. v. LEXINGTON INS. CO.

Civ. A. No. 87-T-897-N.

731 F.Supp. 1510 (1990)

CONSUMER BENEFIT ASSOCIATION OF the UNITED STATES, etc., Plaintiff, v. LEXINGTON INSURANCE COMPANY, etc., Defendant.

United States District Court, M.D. Alabama, N.D.

February 16, 1990.

Attorney(s) appearing for the Case

Alvin Prestwood, Capouano, Wampold, Prestwood & Sansone, Montgomery, Ala., for plaintiff.

Sterling G. Culpepper, Jr., Balch & Bingham, Montgomery, Ala., for defendant.

ORDER

MYRON H. THOMPSON, District Judge.

With this lawsuit, the court again visits the often litigated issue of pre-emption under ERISA, the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §§ 1001-1461. The issue now before the court is whether ERISA pre-empts two state-law claims for breach of contract and fraud which arose out of a reinsurance contract. Plaintiff Consumer Benefit Association of the United States, a provider of group...

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