WHITT v. GOODYEAR TIRE & RUBBER CO.

Civ. A. Nos. 87-AR-1442-M, 87-AR-1644-M and 87-AR-5394-NW.

676 F.Supp. 1119 (1987)

William B. WHITT, as administrator, Plaintiff, v. The GOODYEAR TIRE & RUBBER COMPANY, et al., Defendants. Harley AMOS, et al., Plaintiffs, v. BLUE CROSS AND BLUE SHIELD OF ALABAMA, et al., Defendants. Ray E. EITEL, Plaintiff, v. HALLIBURTON COMPANY EMPLOYEE'S TRUST, Defendant.

United States District Court, N.D. Alabama, Middle and Northwestern Divisions.

Supplementary Memorandum Opinion December 22, 1987.


Attorney(s) appearing for the Case

Rick DiGiorgio, Jaffe, Burton & DiGiorgio, Rogers-Taylor Manor, Birmingham, Ala., for Whitt.

John O. Morrow, Jr., Florence, Ala., for Amos.

Daniel B. King and Robert H. King, King & King, Gadsden, Ala., for Eitel.

James D. Pruett, Pruett, Turnbach & Warren, P.C., Gadsden, Ala., for Goodyear Tire & Rubber Co.

Charles D. Stewart and Ann M. Watson, Spain, Gillon, Tate, Grooms & Blan, Birmingham, Ala., for Blue Cross and Blue Shield of Alabama.

Lawrence B. Clark, Sally S. Reilly, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for Halliburton Co. Employee's Trust.


MEMORANDUM OPINION

ACKER, District Judge.

The plaintiffs in the above-entitled causes apparently so strongly believe in their right to the jury trial guaranteed by the Seventh Amendment that they are not willing to roll over and play dead and to accept the growing assumption, as yet without Supreme Court sanction, that the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001, et seq. (ERISA), both precludes all state law remedies...

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