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NGS AMERICAN, INC. v. BARNES

No. 92-8612.

998 F.2d 296 (1993)

NGS AMERICAN, INCORPORATED and MASCO Industries Self-Funded Employee Benefit Plans, Plaintiffs-Appellees, v. Phillip W. BARNES, in his capacity as Commissioner of Insurance for the State of Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 20, 1993.

Attorney(s) appearing for the Case

John M. Hohengarten, William Storie, Asst. Attys. Gen., Dan Morales, Atty. Gen., Austin, TX, for defendant-appellant.

Stephen Wasinger, Louis K. Bonham, Honigan, Miller, Schwartz & Cohn, Houston, TX, for plaintiffs-appellees.

Before REAVLEY, DUHÉ, and BARKSDALE, Circuit Judges.

DUHÉ, Circuit Judge:

Appellee NGS American, Inc. (NGS) and Appellee Masco Industries (Masco) sued to enjoin Appellant Phillip Barnes, in his capacity as Commissioner of Insurance for the State of Texas, from enforcing article 21.07-6 of the Texas Insurance Code against NGS and Masco. The district court granted summary judgment in favor of NGS and Masco, holding that art. 21.07-6, insofar as it relates to administrators of ERISA-governed insurance plans, is pre...

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