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ESTATE OF BRATTON v. NATIONAL UNION FIRE INS.

No. 98-60639.

215 F.3d 516 (2000)

ESTATE OF Larry M. BRATTON, Joann M. Bratton, executrix, Plaintiff-Appellee, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; AIG Life Companies; ITT Thompson Industries Inc.; ITT Group Accident Insurance Program, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 20, 2000.

Attorney(s) appearing for the Case

Margaret Stewart Oertling (argued), W. Wayne Drinkwater, Lake Tindall, Jackson, MS, Barry J. Walker, Tupelo, MS, for Plaintiff-Appellee.

William Frederick Ray (argued), Lynn Plimpton Risley, Watkins & Eager, Jackson, MS, for Defendants-Appellants.

Before JONES, BARKSDALE and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

The plaintiff, the Estate of Larry Bratton, through JoAnn Bratton, Executrix, brought this suit under § 502(a)(1)(B) and § 502(a)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(1)(B) and (a)(3), to recover benefits allegedly due under an optional voluntary group accident disability insurance policy offered to salaried employees of ITT Thompson Industries, Inc. ("ITT Thompson") and underwritten...

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