Harris v. Provident Life and Accident Insurance Company

26 F.3d 930 63 USLW 2032 , 18 Employee Benefits Cas. 1567 Lawrence C. HARRIS, Jr.; Mary Harris, Plaintiffs-Appellants, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Tennessee corporation; Lincoln Memorial Park, Inc., Oregon corporation; Service Corporation International, Texas corporation, Defendants- Appellees. No. 91-36128. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 2, 1993. Decided June 7, 1994. Steven Kahn, Kahn & Kahn, Portland, OR, for plaintiffs-appellants. Victoria L. Rudometkin, Portland, OR, for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before: TANG, POOLE, and RYMER, Circuit Judges. Opinion by Judge TANG. TANG, Senior Circuit Judge: 1 Lawrence and Mary Harris (collectively the "Harrises") appeal the grant of summary judgment against them on their state law causes of action for misrepresentation and breach of contract, and their ERISA claim for breach of fiduciary duty. See Harris v. Provident Life & Accident Ins. Co., 776 F.Supp. 1450 (D.Or.1991). The Harrises argue that the district court erred by (1) finding that their state law claims were preempted by ERISA, (2) failing…