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PERKINS v. TIME INS. CO.

No. 89-4250.

898 F.2d 470 (1990)

Harry J. PERKINS, Jr. and Blyonda Ann Perkins, Plaintiffs-Appellants, v. TIME INSURANCE COMPANY and Randall Davis, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 18, 1990.

Attorney(s) appearing for the Case

Lawrence E. Abernathy, III, Laurel, Miss., for plaintiffs-appellants.

John E. Hughes, III and Thomas M. Milam, Wells, Wells, Marble & Hurst, Jackson, Miss., for defendants-appellees.

Before CLARK, Chief Judge, and POLITZ and WILLIAMS, Circuit Judges.

POLITZ, Circuit Judge:

Harry J. Perkins, Jr. and Blyonda Ann Perkins appeal an adverse summary judgment dismissing their claims against Time Insurance Company (Time) and its agent, Randall Davis, on the grounds that their state law claims were preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. We affirm the dismissal as to Time, but vacate and remand as to Davis.

Background

Harry Perkins...

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