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HARRIS v. PROVIDENT LIFE AND ACC. INS. CO.

No. 91-36128.

26 F.3d 930 (1994)

Lawrence C. HARRIS, Jr.; Mary Harris, Plaintiffs-Appellants, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Tennessee corporation; Lincoln Memorial Park, Inc., Oregon corporation; Service Corporation International, Texas corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 7, 1994.

Attorney(s) appearing for the Case

Steven Kahn, Kahn & Kahn, Portland, OR, for plaintiffs-appellants.

Victoria L. Rudometkin, Portland, OR, for defendants-appellees.

Before: TANG, POOLE, and RYMER, Circuit Judges.

Opinion by Judge TANG.

TANG, Senior Circuit Judge:

Lawrence and Mary Harris (collectively the "Harrises") appeal the grant of summary judgment against them on their state law causes of action for misrepresentation and breach of contract, and their ERISA claim for breach of fiduciary duty. See Harris v. Provident Life & Accident Ins. Co., 776 F.Supp. 1450 (D.Or.1991). The Harrises argue that the district court...

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