Spain v. Aetna Life Insurance Company

11 F.3d 129 17 Employee Benefits Cas. 2239 Janelle Susan SPAIN, an individual, and Jenna Margaret Spain, a minor, by and through her Guardian ad Litem, Janelle Spain, Plaintiffs-Appellants, v. AETNA LIFE INSURANCE COMPANY, Defendant-Appellee. No. 93-55303. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1993. Decided Dec. 6, 1993. Sharon J. Arkin, Shernoff, Bidart & Darras, Claremont, CA, for plaintiffs-appellants. Bless Stritar Young, Fulbright & Jaworski, Los Angeles, CA, for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before: FLETCHER, and D.W. NELSON, Circuit Judges; WILL * , District Judge. PER CURIAM: OVERVIEW 1 A mother and daughter appeal the district court's dismissal of their wrongful death suit against Aetna Life Insurance Company ("Aetna"), the administrator of their husband's/father's employee benefit plan. They contend the district court erred by deciding that a state common law wrongful death action is preempted by the Employee Retirement Income Security Act ("ERISA") Sec. 514(a), 29 U.S.C. Sec. 1144 (a). We do not agree and affirm the judgment. FACTUAL AND PROCEDURAL…