BUTLER v. FRINGE BENEFITS PLAN, INC.

Civ. A. No. 88-AR-5516-NW.

701 F.Supp. 804 (1988)

Glenda BUTLER, etc., et al., Plaintiffs, v. FRINGE BENEFITS PLAN, INC., et al., Defendants.

United States District Court, N.D. Alabama, Northwestern Division.

December 29, 1988.


Attorney(s) appearing for the Case

Michael J. Bernauer, Florence, Ala., for plaintiffs.

J. Michael Tanner, Tuscumbia, Ala., for defendants.


MEMORANDUM OPINION

ACKER, District Judge.

Glenda Butler and Ira Butler, plaintiffs in the above-entitled cause, as parents and next friends of their minor son, seek a remand of the case to the Circuit Court of Colbert County, Alabama, from which it was removed by two of the four original defendants. The removing defendants, Tom Jones Insurance, Inc., and Samuel T. Taylor, claim that even though plaintiffs nowhere expressly invoked the Employee Retirement...

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