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TUCKER v. EMPLOYERS LIFE INS. CO.

Civ. A. No. CV88-PT-0790-S.

689 F.Supp. 1073 (1988)

Carolyn Ward TUCKER, Plaintiff, v. EMPLOYERS LIFE INSURANCE COMPANY; et al., Defendants.

United States District Court, N.D. Alabama, S.D.

July 11, 1988.

Attorney(s) appearing for the Case

Frank R. Parsons, James R. Morgan, Birmingham, Ala., for plaintiff.

Scott M. Phelps and Michael D. McKibben, Bradley, Arant, Rose & White, Birmingham, Ala., for defendants.

MEMORANDUM OPINION

PROPST, District Judge.

This cause comes to be heard on a Motion to Dismiss and a Motion to Strike filed on May 12, 1988. The plaintiffs have also filed a Motion to Remand. The defendants contend that the plaintiff's state law claims of breach of contract, bad faith and fraud are preempted by the Employee's Retirement Security Act of 1974, 29 U.S.C. §§ 1001 et seq. (ERISA). The plaintiff, on the other hand, argues that...

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