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TAYLOR v. CARTER

No. MO-96-CA-121.

948 F.Supp. 1290 (1996)

Michael D. TAYLOR, Plaintiff, v. Dee K. CARTER, Individually and as Agent for Lincoln Financial Group, Inc., and Employers Health Insurance Company, Defendants.

United States District Court, W.D. Texas, Midland-Odessa Division.

December 19, 1996.

Attorney(s) appearing for the Case

Steven Lance Clack, Andrews, TX, for Plaintiff.

David R. Pierce, El Paso, TX, W. Clark Lea, Midland, TX, Richard G. Foster, Corpus Christi, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

FURGESON, District Judge.

Procedurally, the question addressed by this Memorandum and Order is whether Defendants properly removed Plaintiff's state law claims to federal court. Defendants argue that the basis for removal is federal question jurisdiction, namely that Plaintiff's state law claims are completely preempted by ERISA. See 28 U.S.C. § 1441(b) ("Any civil action of which the district courts have original...

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