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TUOHIG v. PRINCIPAL INS. GROUP

No. Civ.A. 00-40038NMG.

134 F.Supp.2d 148 (2001)

Stephen P. TUOHIG and The Estate of Marilyn Tuohig, Plaintiffs, v. PRINCIPAL INSURANCE GROUP, Defendant.

United States District Court, D. Massachusetts.

March 13, 2001.

Attorney(s) appearing for the Case

Kenneth I. Gordon, Hogan & Associates, Boston, MA, for Plaintiffs.

Margaret J. Hurley, Mirick, O'Connell, DeMallie, Lougee, Worcester, MA, for Defendant.

MEMORANDUM & ORDER

GORTON, District Judge.

The defendant has filed a "Partial Rule 12(b)(6) Motion to Dismiss" (Docket No. 4) in which it seeks to dismiss Counts Two through Sixteen of the Complaint due to the alleged federal preemption of those claims. The plaintiffs oppose the motion.

I. Background

In January, 1996, while Stephen Tuohig ("Mr.Tuohig") was employed by Automatic Tech and a participant in the health and welfare...

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