BEAUMONT NEUROLOGICAL HOSP. v. HUMANA, INC.

Civ. A. No. 1:90-CV-662.

780 F.Supp. 1134 (1991)

BEAUMONT NEUROLOGICAL HOSPITAL v. HUMANA, INCORPORATED.

United States District Court, E.D. Texas, Beaumont Division.

July 26, 1991.


Attorney(s) appearing for the Case

Ernest J. Browne, Jr., Browne & Browne, Beaumont, Tex., for plaintiff.

Kathryn Ann FitzGibbon, McFall & Sartwelle, Houston, Tex., for defendant.


MEMORANDUM OPINION AND ORDER

COBB, District Judge.

Defendant Humana, Inc. (Humana), after timely removing plaintiff Beaumont Neurological Hospital's (BNH) state court action for negligence and breach of contract, has filed a motion for summary judgment. Humana's grounds for summary judgment are (1) preemption of BNH's state law causes of action by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. (ERISA) and (2) BNH...

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