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DOE v. TRAVELERS INS. CO.

Civil Action No. 95-12432-REK.

971 F.Supp. 623 (1997)

Jane DOE, Plaintiff, v. TRAVELERS INSURANCE COMPANY, Defendant.

United States District Court, D. Massachusetts.

July 31, 1997.

Attorney(s) appearing for the Case

Katherine A. Hesse, Doris R. MacKenzie Ehrens, David W. Healey, Murphy, Hesse, Toomey & Lehane, Quincy, MA, for plaintiff.

Edward P. O'Leary, Michael A. Fitzhugh, Fitzhugh & Associates, Boston, MA, for defendant.

OPINION

KEETON, District Judge.

The hybrid nature of this civil action presents jurisdictional issues beyond those that have become common in the growing stream of civil actions arising from benefit claims of varied types under ERISA — regulated benefit plans. See Recupero v. New England Telephone and Telegraph Co., 118 F.3d 820 (1st Cir.1997).

First. Plaintiff invokes an "arbitrary and capricious"...

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