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McRAE v. SEAFARERS' WELFARE PLAN

No. 90-7011.

920 F.2d 819 (1991)

Vivion McRAE and Paulette McRae, Plaintiffs-Appellees, v. SEAFARERS' WELFARE PLAN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

As Amended March 11, 1991.

Attorney(s) appearing for the Case

John C. Falkenberry, Birmingham, Ala., for defendant-appellant.

J. Burruss Riis, Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., for plaintiffs-appellees.

Before EDMONDSON and COX, Circuit Judges and WISDOM, Senior Circuit Judge.

WISDOM, Senior Circuit Judge:

This case raises an important question, under the Employee Retirement Income Security Act, ERISA:1 May a plaintiff recover extra-contractual damages under ERISA § 502(a)(3), 29 U.S.C. § 1132(a)(3).2

Vivion McRae and his wife Paulette were insured beneficiaries of a multi-employer employee benefit insurance plan known as Seafarer's Welfare Plan ["the Plan"]. The...

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