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TINGLE v. PACIFIC MUT. INS. CO.

Civ. A. No. 89-0912.

837 F.Supp. 191 (1993)

James M. TINGLE, Sr., and Yvette Cecile Tingle v. PACIFIC MUTUAL INSURANCE COMPANY.

United States District Court, W.D. Louisiana, Lafayette-Opelousas Division.

November 18, 1993.

Attorney(s) appearing for the Case

Edward M. Leonard, Jr., Leonard & Hayes, Morgan City, LA, for James M. and Yvette Cecile Tingle.

Nicholas F. LaRocca, Jr., Lippman, Mahfouz, Martin & LaRocca, Morgan City, LA, for Pacific Mut. Ins. Co.

Stephanie M. Lawrence and Jayne L. Friedland, McGlinchey Stafford Lang, New Orleans, LA, for Lafayette General Medical Center.

ON REMAND

PUTNAM, Senior District Judge.

The Court of Appeals for the Fifth Circuit disagreed with the conclusion reached by this Court that La.R.S. 22:619 was exempt from ERISA preemption because it falls within the insurance savings clause of that Act. See: Tingle v. Pacific Mutual Insurance Company, 996 F.2d 105 (5th Cir.1993). The Court said that the statute failed to meet one of the three requirements...

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