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

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US Court of Appeals for the Ninth Circuit - 823 F.2d 284 (9th Cir. 1987) 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. § 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This court's opinion, filed June 4, 1987, 819 F.2d 204, is hereby withdrawn.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