PIRKHEIM v. FIRST UNUM LIFE INS.

No. 99-1297.

229 F.3d 1008 (2000)

Frank PIRKHEIM and Roxanne Pirkheim, as parents of Logan Pirkheim, Plaintiffs-Appellants, v. FIRST UNUM LIFE INSURANCE, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 24, 2000.


Attorney(s) appearing for the Case

Diane Vaksdal Smith (Scott J. Eldredge with her on the briefs) of Burg Simpson Eldredge & Hersh, P.C., Englewood, Colorado, for Plaintiffs-Appellants.

Sandra L. Spencer (Todd Clarke with her on the brief) of White and Steele, P.C., Denver, Colorado, for Defendant-Appellee.

Before BRORBY, HOLLOWAY and BRISCOE, Circuit Judges.


BRORBY, Circuit Judge.

Frank and Roxanne Pirkheim sued First Unum Life Insurance Company (First Unum) in state court to recover accidental death benefits for the death of their minor son, Logan. First Unum removed the case to federal district court alleging federal question jurisdiction pursuant to 28 U.S.C. § 1331 and ERISA, 29 U.S.C. § 1132(e)(1). The district court granted summary judgment for First Unum holding...

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