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CULBERSON v. BANKERS LIFE CO.

87-1230.

541 So.2d 480 (1989)

Percy D. CULBERSON, Jr. v. BANKERS LIFE COMPANY, a Corporation; and Phillip L. Ward.

Supreme Court of Alabama.

March 17, 1989.

Attorney(s) appearing for the Case

John W. Parker, Mobile, for appellant.

Bert S. Nettles and Lynn Etheridge Hare of Nettles, Barker, Janecky & Copeland, Mobile, for appellees.

PER CURIAM.

The sole question presented is whether the appellant alleged a right of recovery under the Employee Retirement and Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., before summary judgment was entered against him by the trial court. Appellees contend that appellant did not present his ERISA claim in the trial court but argues it for the first time on appeal. After an examination of appellant...

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