District Court, W.D. Texas February 28, 2001, Civ.A. SA99CA1324FB (Franks v. Prudential Health Care Plan, Inc.)

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ RENEWED MOTION TO DISMISS

BIERY, District Judge.

This case presents issues of first impression within the Fifth Circuit, as well as issues for which there appear to be established precedents. The Court will of course abide by the judicial chain of command in those areas in which there is binding authority.