Theodore Kanne and Beatriz Kanne, and v. Connecticut General Life Insurance Company, And, 823 F.2d 284

823 F.2d 284 | 9th Cir. | 1987

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.

1

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

2

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

3

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

4

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

ORDER

5

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

6

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

7

2) Whether Cal.Ins.Code Sec. 790.03(h)(2) is preempted by ERISA.

8

Oral argument may be scheduled at a later date.

9

This court's opinion, filed June 4, 1987, 819 F.2d 204, is hereby withdrawn.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