Theodore Kanne and Beatriz Kanne, and v. Connecticut General Life Insurance Company, And

Ninth Circuit

Theodore Kanne and Beatriz Kanne, and v. Connecticut General Life Insurance Company, And

823 F.2d 284

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 23, 1987

Docket85-5641

StatusPublished

Cited by2 cases

This text of 823 F.2d 284 (Theodore Kanne and Beatriz Kanne, and v. Connecticut General Life Insurance Company, And) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Theodore Kanne and Beatriz Kanne, and v. Connecticut General Life Insurance Company, And, 823 F.2d 284 (9th Cir. 1987).

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823 F.2d 284

Theodore KANNE and Beatriz Kanne, Plaintiffs and Appellees,
v.
CONNECTICUT GENERAL LIFE INSURANCE COMPANY, Defendant and Appellant.

Nos. 85-5641, 85-5642.

United States Court of Appeals,
Ninth Circuit.

July 23, 1987.

Leonard Sacks, Encino, Cal., Carol A. Hay, and Andrew O. Feringa, Lakewood, Cal., for plaintiffs-appellees-appellants.

James S. Cline, Suzette Clover, David L. Bacon, and Bruce A. Beckman, Los Angeles, Cal., for defendants-appellants-appellees.

Appeal from the United States District Court for the Central District of California; Edward Rafeedie, District Judge.

Before FLETCHER and PREGERSON, Circuit Judges and WILKINS*, District Judge.

ORDER

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. Sec. 1001, et seq., and

2) Whether Cal.Ins.Code Sec. 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This court's opinion, filed June 4, 1987, 819 F.2d 204, is hereby withdrawn.

*

Hon. Philip C. Wilkins, Senior United States District Judge, for the Eastern District of California, sitting by designation

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823 F.2d 284

Theodore KANNE and Beatriz Kanne, Plaintiffs and Appellees,
v.
CONNECTICUT GENERAL LIFE INSURANCE COMPANY, Defendant and Appellant.

Nos. 85-5641, 85-5642.

United States Court of Appeals,
Ninth Circuit.

July 23, 1987.

Leonard Sacks, Encino, Cal., Carol A. Hay, and Andrew O. Feringa, Lakewood, Cal., for plaintiffs-appellees-appellants.

James S. Cline, Suzette Clover, David L. Bacon, and Bruce A. Beckman, Los Angeles, Cal., for defendants-appellants-appellees.

Appeal from the United States District Court for the Central District of California; Edward Rafeedie, District Judge.

Before FLETCHER and PREGERSON, Circuit Judges and WILKINS*, District Judge.

ORDER

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. Sec. 1001, et seq., and

2) Whether Cal.Ins.Code Sec. 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.

*

Hon. Philip C. Wilkins, Senior United States District Judge, for the Eastern District of California, sitting by designation

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