Turnbow v. Pacific Mutual Life Insurance Co.

934 F.2d 1100 13 Employee Benefits Ca 2634 Harriette TURNBOW, Plaintiff-counter-defendant-Appellee, v. PACIFIC MUTUAL LIFE INSURANCE CO., Beneficial Administration Co., Inc., Donald Lawrenz, Beneficial Employees Security Trust, Defendants-counter-claimants-Appellants. No. 90-16653. United States Court of Appeals, Ninth Circuit. Argued April 12, 1991. Submission Deferred April 16, 1991. Resubmitted June 5, 1991. Decided June 12, 1991. David L. Bacon, Adams, Duque & Hazeltine, Los Angeles, Cal., for defendants-counter-claimants-appellants. Riley M. Beckett, Carson City, Nev., for plaintiff-counter-defendant-appellee. Appeal from the United States District Court for the District of Nevada. Before WALLACE, Chief Judge, GOODWIN and FLETCHER, Circuit Judges. GOODWIN, Circuit Judge: 1 Defendants, insurers, and an employees' trust (collectively, "Pacific Mutual") appeal the dismissal of an action filed in federal court by an insured beneficiary of the trust, Harriette Turnbow. Turnbow, who was also pursuing a contract claim against Pacific Mutual in state court for the denial of her benefits, brought this federal action under the Employee Retirement Income Security Act (ERISA), 29…