Harris

Opinion by Judge TANG.

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) fading to decide whether the Harrises had brought á claim for equitable estoppel under ERISA, and (3) finding that none of the defendants was a fiduciary. We have jurisdiction under 28 U.S.C. § 1291 . Because we find that the district court lacked jurisdiction over this case, we vacate the district court’s judgment and remand with instructions to dismiss.

BACKGROUND

Lincoln Memorial Park, Inc. (“Lincoln”) hired Lawrence Harris to sell funeral service programs. Lincoln employees were generally covered by a benefit plan sponsored by Service Corporation International (“SCI”), Lincoln’s parent corporation. The benefit plan was administered by Provident Life & Accident Insurance Company (“Provident”), but SCI would assist…