Hollingsworth Paving, Inc. v. Jefferson-Pilot Life Insurance

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

McCALLA, District Judge.

Before the Court is defendant Jefferson-Pilot Life Insurance Company’s Motion To Dismiss for Failure To State a Claim, filed November 14, 1995. On January 26, 1996, the Court held a motion hearing in this matter, and directed plaintiffs to submit within ten days a supplemental response brief focusing on defendant’s assertion that the ease is a contract law issue and therefore, improperly raised under the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq. On February 5,…