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DAVIS v. JOHN ALDEN LIFE INS. CO.

Civ. A. No. 90-4104-S.

746 F.Supp. 44 (1990)

Willard L. DAVIS and Mavis Davis, Plaintiffs, v. JOHN ALDEN LIFE INSURANCE COMPANY and Jack Ropp, Defendants.

United States District Court, D. Kansas.

August 29, 1990.

Attorney(s) appearing for the Case

Robert A. Thompson, Hellmer, Denning & Thompson, Chtd., Salina, Kan., for plaintiffs.

Robert M. Adrian, King, Adrian, King & Brown, Chtd., Salina, Kan., John F. Hayes, Gilliland & Hayes, P.A., Hutchinson, Kan., for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on plaintiffs' motion to remand to the District Court of Dickinson County, Kansas, pursuant to 28 U.S.C. § 1447(c) and on the motion of defendants, John Alden Life Insurance Company (hereinafter referred to as "John Alden") and Jack Ropp. Defendants move to dismiss on two grounds. First, defendants contend Counts I through V are preempted by the Employment Retirement Income...

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