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MILLER v. RITE AID CORP.

No. 05-35505.

504 F.3d 1102 (2007)

Morgan MILLER; Kylee Miller; Wayne Hoover, and Morgan Miller, as personal representative of the Estate of Connie Miller, Plaintiffs-Appellants, v. RITE AID CORPORATION, a Delaware corporation; Thrifty Payless Inc; Standard Insurance Company, an Oregon Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted July 19, 2007.

Filed October 11, 2007.

Attorney(s) appearing for the Case

J. Michael Alexander, Swanson, Lathen, Alexander & McCann, PC, Salem, OR, for the appellants.

Bruce A. Rubin and Jennifer J. Roof, Miller Nash LLP, Portland, OR, for the appellees.

Before: STEPHEN REINHARDT, CYNTHIA HOLCOMB HALL, and MILAN D. SMITH, JR., Circuit Judges.

REINHARDT, Circuit Judge:

This case presents the question whether the estate and alleged beneficiaries of an employee who was neither enrolled in, nor eligible for, a life insurance plan regulated by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq., at the time of her death (which preceded the time this action was filed) may bring an ERISA claim. We hold that these parties may not bring such a claim, and therefore...

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