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EDDY v. COLONIAL LIFE INS. CO. OF AMERICA

No. 94-7043.

59 F.3d 201 (1995)

Joan EDDY, Executrix of the Estate of James Peter Eddy, Appellant, v. COLONIAL LIFE INSURANCE COMPANY OF AMERICA, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 1995.

Rehearing and Suggestion for Rehearing Denied September 12, 1995.

Attorney(s) appearing for the Case

Patricia A. Smith argued the cause and filed the briefs for appellant.

Elizabeth J. Haegelin argued the cause for appellee. With her on the brief was Frank J. Martell.

Before WALD, RANDOLPH and ROGERS, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied September 12, 1995.*

Opinion for the court filed by Circuit Judge ROGERS.

Dissenting opinion filed by Circuit Judge RANDOLPH.

ROGERS, Circuit Judge:

Appellant's decedent, James Peter Eddy, sued the Colonial Life Insurance Company of America, Inc., for violating its fiduciary duty under the Employee Retirement Income Security Act ("ERISA") with respect to his...

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