McMAHAN v. NEW ENGLAND MUT. LIFE INS. CO.

No. 88-6236.

888 F.2d 426 (1989)

Roy F. McMAHAN, Jr.; Louis T. Roth, as Trustee under the will of Mary Alice McMahan, deceased; Colleen Liebert; Dianne Hutcherson, as partners in McMahan Plaza, a Kentucky general partnership, Plaintiffs-Appellants, v. NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 23, 1989.


Attorney(s) appearing for the Case

Vincent F. Mallon (argued), Joseph H. Cohen, Louisville, Ky., for plaintiff-appellants.

Samuel G. Bridge, Jr. (argued), Wyatt, Tarrant & Combs, Louisville, Ky., for defendant-appellee.

Before KENNEDY, JONES and WELLFORD, Circuit Judges.


NATHANIEL R. JONES, Circuit Judge.

Plaintiffs appeal from the district court's grant of summary judgment for the defendant in this action filed under the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq. (1982) (ERISA). For the reasons which follow, we affirm in part, vacate in part, and remand for further proceedings consistent with this opinion.

I.

On December 30, 1971, defendant-appellee, New England...

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