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Text of Brief of Secretary of Labor As Amicus Curiae in Support of Plaintiffs-Appellants on Issues of ERISA Preemption
U.S. Department of Labor [DOL] 
[Official Guidance] Mar. 25, 2011
Appellant Dale Fossen filed suit on behalf of himself and others similarly situated against Blue Cross in Montana state court, alleging, in addition to a number of other state law claims, that Blue Cross was acting in violation of section 33-22-526(2)(a) of the Montana Insurance Code, which prohibits insurers from setting different premiums for individuals in a group health plan on the basis of health-related status.
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