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SHAW v. PACC HEALTH PLAN, INC.

CC 9106-04101; CA A76072; SC S41799.

908 P.2d 308 (1995)

322 Or. 392

Ronald E. SHAW, By and Through Thomas Zollner, Personal Representative of the Estate of Ronald E. Shaw, deceased, Respondent on Review, v. PACC HEALTH PLAN, INC., an Oregon corporation, Petitioner on Review, and United Employer Benefit Corporation, an Oregon corporation, Respondent, and Holly Hart, dba Old Wives' Tales Restaurant, Defendant.

Supreme Court of Oregon, In Banc.

Decided December 29, 1995.

Attorney(s) appearing for the Case

I. Franklin Hunsaker, of Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, argued the cause for petitioner on review. With him on briefs were Chrys A. Martin and Lori R. Metz.

Cynthia L. Barrett, Portland, argued the cause and filed the brief for respondent on review.

Jeffrey C. Carey, Portland, filed a brief on behalf of amici curiae American Council of Life Insurance, Health Insurance Association of America, and Standard Insurance Company. With him on the brief were Phillip E. Stano and Theresa L. Sorota, Washington, D.C.

CARSON, Chief Justice.

The issue in this case is whether the trial court correctly granted the motion of defendant PACC Health Plan, Inc. (hereinafter "PACC"), for summary judgment on the ground that plaintiff's1 state claims were preempted by the federal Employee Retirement Income Security Act (ERISA). 29 U.S.C. § 1001 et seq.

Defendant Holly Hart (hereinafter "employer") operates a restaurant in which she employed...

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