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MITCHELL v. INVESTORS GUAR. LIFE INS.

Civ. A. No. 94-AR-1934-S.

861 F.Supp. 1039 (1994)

Eddie B. MITCHELL, et al., Plaintiffs, v. INVESTORS GUARANTY LIFE INSURANCE COMPANY, et al., Defendants.

United States District Court, N.D. Alabama, Southern Division.

August 30, 1994.

Attorney(s) appearing for the Case

William B. Lloyd, Jr., Pate Lewis & Lloyd, Birmingham, AL, for plaintiffs.

Ollie L. Blan, Jr., Thomas M. Eden, III, Spain Gillon Grooms Blan & Nettles, Birmingham, AL, for defendants.

MEMORANDUM OPINION

ACKER, District Judge.

This court is confronted with a motion to remand to the state court a case removed by defendants upon their allegation that the action is controlled by the Employees Retirement Income Security Act and thus presents a federal question removable pursuant to 28 U.S.C. § 1331.

If any district court governed by the Eleventh Circuit's doctrine of "super-preemption," which circumvents the well-pleaded...

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