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HICKS v. CNA INS. CO.

No. CIV. A. 97-3675.

4 F.Supp.2d 576 (1998)

Calvin HICKS v. CNA INSURANCE COMPANY.

United States District Court, E.D. Louisiana.

April 2, 1998.

Attorney(s) appearing for the Case

H. Edward Sherman, James Edmon Cazalot, Jr., Law Offices of H. Edward Sherman, New Orleans, LA, for Plaintiff.

James M. Garner, Deirdre Claire McGlinchey, McGlinchey Stafford P.L.L.C., New Orleans, LA, for Defendant.

ORDER AND REASONS

FALLON, District Judge.

Defendant removed plaintiffs' state court petition, citing federal question jurisdiction created by ERISA. Defendant then moved to strike plaintiff's claims for penalties, attorney's fees and legal interest, citing ERISA preemption. Plaintiff moved to remand the case, contending that ERISA does not govern this suit and thus that removal was improper. These motions were taken under submission by the Court on...

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