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TURNBOW v. PACIFIC MUT. LIFE INS. CO.

No. 90-16653.

934 F.2d 1100 (1991)

Harriette TURNBOW, Plaintiff-counter-defendant-Appellee, v. PACIFIC MUTUAL LIFE INSURANCE CO., Beneficial Administration Co., Inc., Donald Lawrenz, Beneficial Employees Security Trust, Defendants-counter-claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Deferred April 16, 1991.

Resubmitted June 5, 1991.

Decided June 12, 1991.

Attorney(s) appearing for the Case

David L. Bacon, Adams, Duque & Hazeltine, Los Angeles, Cal., for defendants-counter-claimants-appellants.

Riley M. Beckett, Carson City, Nev., for plaintiff-counter-defendant-appellee.

Before WALLACE, Chief Judge, GOODWIN and FLETCHER, Circuit Judges.

GOODWIN, Circuit Judge:

Defendants, insurers, and an employees' trust (collectively, "Pacific Mutual") appeal the dismissal of an action filed in federal court by an insured beneficiary of the trust, Harriette Turnbow. Turnbow, who was also pursuing a contract claim against Pacific Mutual in state court for the denial of her benefits, brought this federal action under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1132, 1451. Her federal...

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