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MATTEI v. MATTEI

No. 96-5443.

126 F.3d 794 (1997)

Maria MATTEI, Plaintiff-Appellant. v. Ronald MATTEI, Individually and as Executor for the Estate of Louis J. Mattei; Mary Laura Mattei, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 25, 1997.

Rehearing and Suggestion for Rehearing Denied November 12, 1997.

Attorney(s) appearing for the Case

Robert W. Griffith (briefed), Michael I. Kanovitz (briefed), Susan C. Reisner (briefed), Stites & Harbison, Louisville, KY, for Plaintiff-Appellant.

Walter L. Sales (briefed), Thomas M. Williams (briefed), Ogden, Newell & Welch, Louisville, KY, for Defendants-Appellees.

Before: MERRITT, KRUPANSKY, and BOGGS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 12, 1997.*

BOGGS, J., delivered the opinion of the court, in which KRUPANSKY, J., joined. MERRITT, J. (pp. 810-11), delivered a separate dissenting opinion.

BOGGS, Circuit Judge.

Maria Mattei ("Mattei" or "Maria") appeals the district court's dismissal with prejudice of her lawsuit brought under the Employee Retirement Income Security Act, 29 U.S.C. § 1001...

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