Hayden v. Blue Cross and Blue Shield of Alabama

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

I. Introduction

This cause is now before the court on the motions to dismiss filed by Defendant, Blue Cross and Blue Shield of Alabama (“Blue Cross”), on June 29,1993 and August 6,1993. Fed.R.Civ.P. 12(b)(1) & (6).

Plaintiffs originally filed this suit in the Circuit Court of Barbour County, Alabama, in October 1992. On November 5,1992, Blue Cross removed the case to this court on the ground that the Plaintiffs’ claims are preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001, et seq. (“ERISA”). 28 U.S.C. § 1441.