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LIBERTY LIFE ASSUR. CO. OF BOSTON v. KENNEDY

No. 02-14044.

358 F.3d 1295 (2004)

LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Plaintiff, v. Barbara KENNEDY, Katherine E. Kennedy, a minor, William B. Kennedy, a minor, Defendants-Appellants, v. Mary Beth Kennedy, individually and as Executrix of the Estate of Clint M. Kennedy, deceased, Bridget Kennedy Richards, Presley Kennedy Wilson, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 4, 2004.

Attorney(s) appearing for the Case

Joseph Lefkoff, Lefkoff, Duncan, Grimes & Dermer, Atlanta, GA, for Defendants-Appellants.

Henry M. Perlowski, Arnall, Golden & Gregory, Atlanta, GA, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, and KRAVITCH and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge:

Following the death of its insured, Clint Kennedy, Liberty Life Assurance Company filed this interpleader action asking the district court to determine the conflicting claims for life insurance benefits made by Barbara N. Kennedy and Mary Beth Kennedy. Mr. Kennedy obtained this life insurance through his employer, Georgia-Pacific Corporation. The policy is an employee welfare benefit plan governed by the Employee Retirement Income Security...

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