COTTON v. MASSACHUSETTS MUT. LIFE INS. CO.

No. 02-12409.

402 F.3d 1267 (2005)

James P. COTTON, Jr., Gerald Eickhoff, Plaintiffs-Appellees Cross-Appellants, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts Corporation, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 16, 2005.


Attorney(s) appearing for the Case

William A. Clineburg, Jr., David Tetrick, Jr., King & Spalding, Atlanta, GA, for Massachusetts Mut. Life Ins. Co.

James J. Leonard, Caroline W. Spangenberg, Kilpatrick & Stockton, LLP, Atlanta, GA, for James P. Cotton, Jr. and Gerald Eickhoff.

Before TJOFLAT and ANDERSON, Circuit Judges, and STAFFORD, District Judge.


TJOFLAT, Circuit Judge:

Defendant Massachusetts Mutual Life Insurance Co. appeals the judgment of the district court in favor of the plaintiffs, James Cotton and Gerald Eickhoff, on their claim for breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq. The district court entered judgment for the plaintiffs after striking Mass Mutual's answer and entering a default as a sanction for discovery violations...

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