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JENNINGS v. JENNINGS

Nos. 96-2321, 96-2342.

109 F.3d 477 (1997)

Gerald W. JENNINGS, Plaintiff-Appellant, v. Billie J. JENNINGS; Whirlpool Corporation, Defendants-Appellees, John Hancock Mutual Life Insurance Company, Defendant, Commercial Life Insurance Company, Defendant-Appellee. Gerald W. JENNINGS, Plaintiff-Appellant, v. Billie J. JENNINGS, Defendant-Appellant, Whirlpool Corporation, Defendant-Appellee, John Hancock Mutual Life Insurance Company, Defendant, Commercial Life Insurance Company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 26, 1997.

Attorney(s) appearing for the Case

Mark Eugene Ford, Lincoln, NE, argued (Robert S. Blatt, Fort Smith, AR, on the brief), for appellant/cross-appellee.

George Alan Wooten, Fort Smith, AR, argued (Thomas C. Gene, on the brief, for appellee/cross-appellant Billie J. Jennings, G. Alan Wooten and Kathryn Stocks Campbell, Fort Smith, AR, on the brief, for appellee/cross-appellant Commercial Life Insurance Company.

Before BOWMAN and WOLLMAN, Circuit Judges, and BOGUE, District Judge.

BOGUE, Senior District Judge.

The underlying action in this appeal is one for the recovery of accidental death benefits brought pursuant to the Employee Retirement Security Act of 1974 (ERISA), codified at 29 U.S.C. § 1001 et seq. Plaintiff, Gerald W. Jennings ("Mr. Jennings"), originally filed this suit in Arkansas state court seeking life insurance benefits and accidental death benefits pursuant to the death of his son, who was also named Gerald Jennings...

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