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MARTIN v. PATE

Civ. A. No. CV-89-0363-B.

749 F.Supp. 242 (1990)

William Robert MARTIN, Plaintiff, v. Buford H. PATE, Continental Investors Life Insurance Co., Inc., and American Lifestyles Protection and Security Trust a/k/a ALPS, Defendants.

United States District Court, S.D. Alabama, S.D.

September 30, 1990.

Attorney(s) appearing for the Case

J. Garrison Thompson, Pitts, Pitts & Thompson, Selma, Ala., for plaintiff.

Robert B. Roden, Roden & Hayes, P.C., Birmingham, Ala., Stephen L. Poer, Haskell, Slaughter & Young, Birmingham, Ala., for defendants.

MEMORANDUM OPINION AND ORDER

BUTLER, District Judge.

BACKGROUND

This action was initiated in the Circuit Court of Dallas County, Alabama, with plaintiff seeking recovery of benefits under an employee benefit plan and also asserting claims for bad faith refusal to pay and fraud. Because plaintiff claimed benefits under an "employee benefit plan" as defined in ERISA, 29 U.S.C. § 1002(3), defendants invoked the jurisdiction of this Court under...

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