THEODORE KANNE AND BEATRIZ KANNE, PLAINTIFFS AND APPELLEES,
v.
CONNECTICUT GENERAL LIFE INSURANCE COMPANY, DEFENDANT AND APPELLANT

9th Cir. | 1987-07-23
Nos. 85-5641, 85-5642
Before FLETCHER and PREGERSON, Circuit Judges and WILKINS , District Judge.
823 F.2d 284 United States Court of Appeals for the Ninth Circuit (1987) Positive Treatment
Cited by 2 cases

Opinion of the Court

The parties shall submit simultaneous briefs of not more than thirty (30) pages by August 17, 1987, addressing two issues:

1) Whether the insurance policy in question is a plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq., and

2) Whether Cal.Ins.Code § 790.03(h)(2) is preempted by ERISA. Oral argument may be scheduled at a later date.

This court’s opinion, filed June 4, 1987, 819 F. 2d 204, is hereby withdrawn.


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