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WILLIAMS v. UNUM LIFE INS. CO. OF AMERICA

Civil Action No. 96-799-A.

940 F.Supp. 136 (1996)

Jean B. WILLIAMS, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

September 9, 1996.

Attorney(s) appearing for the Case

Randolph D. Frostick, Cheryl A. Duncan, Vanderpool, Frostick & Massey, P.C., Manassas, VA, Bernard M. Dworski, Alexandria, VA, for plaintiff.

Robert W. Hesselbacher, Jr., Semmes, Bowen & Semmes, P.C., Baltimore, MD, for defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

This case presents an issue that has inspired little judicial consensus, namely, whether a plaintiff is entitled to a jury trial when seeking to recover payments allegedly due her under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq.

I.

On August 1, 1990, defendant UNUM Life Insurance Company of America ("UNUM") issued plaintiff Jean B. Williams a certificate...

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