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DUDLEY SUPERMARKET v. TRANSAMERICA LIFE INS.

No. CIV.A.99-40020-BNG.

188 F.Supp.2d 23 (2002)

DUDLEY SUPERMARKET, INC. d/b/a Park `N' Shop, Southbridge Park `N' Shop, Inc. d/b/a Park `N' Shop, Charles A. Pappas, Charles A. Pappas Jr., Plaintiffs, v. TRANSAMERICA LIFE INSURANCE AND ANNUITY COMPANY, Defendant.

United States District Court, D. Massachusetts.

January 28, 2002.

Attorney(s) appearing for the Case

Patricia L. Davidson, Mirick, O'Connell, DeMallie & Lougee, Worcester, MA, James C. Donnelly, Jr., Mirick, O'Connell, DeMallie & Lougee, Worcester, MA, for Plaintiffs.

Kevin M. Dalton, Glovsky & Glovsky, Beverly, MA, Reid A. Evers, Transamerica Occidental Life Insurance Company Law Department, Los Angeles, CA, for Defendant.

ORDER

GORTON, District Judge.

Pending before this Court is the plaintiffs' memorandum of law (treated as a motion) concerning defendant's request for a jury-waived trial filed on January 17, 2002 (Docket No. 39).

Upon consideration of the pleadings filed therein, this Court is persuaded that not only does ERISA govern the instant action but also it preempts the plaintiffs' state law claims because they relate to an employee benefit plan. See,...

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