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ARANA v. OCHSNER HEALTH PLAN

No. 01-30922.

352 F.3d 973 (2003)

Julio C. ARANA, Plaintiff-Appellee, v. OCHSNER HEALTH PLAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed December 8, 2003.

Attorney(s) appearing for the Case

George Davidson Fagan (argued), Leake & Andersson, New Orleans, LA, for Plaintiff-Appellee.

Perry R. Staub, Jr., Michael Warren Hill (argued), Taggart, Morton, Ogden, Staub, Rougelot & O'Brien, New Orleans, LA, for Defendant-Appellant.

Errol John King, Jr., Ashley Byrd Lowe, Juston M. O'Brien, Emily B. Grey, McGlinchey Stafford, Baton Rouge, LA, for Louisiana Managed Healthcare Ass'n Inc., Healthcare Recoveries Inc. and United Healthcare of Louisiana Inc., Amici Curiae.

Edward H. Cooper, University of Michigan, School of Law, Ann Arbor, MI, for University of Michigan Law School, Amicus Curiae.

Dana M. Muir, University of Michigan, School of Business Administration, Ann Arbor, MI, for University of Michigan Business School, Amicus Curiae.

Thomas H. Lawrence, John Morris Russell, Lawrence & Russell, Memphis, TN, for Benefit Recovery Inc., Amicus Curiae.

James L. Craig, Washington, DC, for Elaine Chao, Secretary, Dept. of Labor, Amicus Curiae.

Before JONES and EMILIO M. GARZA, Circuit Judges, and ELLISON, District Judge.

EDITH H. JONES, Circuit Judge:

This case was remanded to "the panel" pursuant to a decision of the en banc court that we have federal jurisdiction. See Arana v. Ochsner Health Plan, Inc., 302 F.3d 462, 470-74 (5th Cir.2002), rev'd en banc, 338 F.3d 433 (5th Cir.2003). We now hold that because Arana's claim against Ochsner Health Plan ("OHP") fails as a matter of Louisiana law, no question...

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