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LOUDERMILCH v. NEW ENGLAND MUT. LIFE INS. CO.

Civil Action No. 96-0228-BH-M.

942 F.Supp. 1434 (1996)

Wayne LOUDERMILCH, et al., Plaintiffs, v. The NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, et al., Defendants.

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

October 21, 1996.

Attorney(s) appearing for the Case

Larry U. Sims, Mobile, AL, for Wayne Loudermilch, Anne Loudermilch, Southtrust Bank.

Forrest S. Latta, Mobile, AL, for New England Mutual.

Edward A. Dean, Mobile, AL, for Woodrennen Associates, Inc., William T. Wood, Daniel E. Drennen, II.

ORDER

HAND, Senior District Judge.

This action is before the court on plaintiffs' motion to remand (Tab 9) which is predicated on plaintiffs' assertion that their claims are not preempted by ERISA. Upon consideration of the motion, defendants' response in opposition thereto (Tabs 14 as adopted by the remaining defendants at Tab 16) and pertinent portions of the record, the court concludes that the motion is due to be granted.

In 1968, plaintiff Wayne...

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