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KANE v. AETNA LIFE INS.

No. 88-6148.

893 F.2d 1283 (1990)

Kenneth KANE, individually and as Guardian, next friend and on behalf of Jonathon Andrew Kane, a minor, Plaintiff-Appellant, v. AETNA LIFE INSURANCE and Southern Bell Telephone & Telegraph, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 7, 1990.

Attorney(s) appearing for the Case

Richard H. Levenstein and James Leech, Bond, Schoeneck & King, Boca Raton, Fla., for plaintiff-appellant.

John R. Hargrove, Lillian P. Wolfe, Ft. Lauderdale, Fla., and Rhonda K. Lewis, Tamarac, Fla., for defendants-appellees.

Before VANCE and COX, Circuit Judges, and EDENFIELD, District Judge.

VANCE, Circuit Judge:

Appellant Kenneth Kane appeals the summary judgment entered by the district court in favor of appellees Aetna Life Insurance Company ("Aetna") and Southern Bell Telephone & Telegraph ("Southern Bell"). The district court held that the law of equitable estoppel was preempted in this case by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1401. Because we are of the opinion that equitable estoppel...

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