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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

BETH R. DEATON v. HARRIET HAMMOND CROSS, et al. :

: CIVIL NO. S 01-202 :

MEMORANDUM OPINION This matter is before the Court on the cross-motions of the parties for summary judgment in respect to an ERISA-governed life insurance policy that was issued to the late Mr. James Otto Cross, at the time of his death an employee of Bell Atlantic, and, as such, a participant in Bell Atlantic's employee life insurance plan, administered by the Metropolitan Life Insurance Company (MetLife), which commenced this interpleader action. There is another party in interest (other than the movants), i.e., Juanita Cross, the mother and personal representative of Mr. Cross, who urges that the money not go to the Harriet Hammond claimants, but she does not make any claim of right to any of the benefits under the policy (nor could she under the facts of the case), and, thus, she has no justiciable claim before this Court. The determinative issues have been Local Rule

adequately briefed, and no oral argument is needed. 105.6 (D. Md. 2001).

Mr. Cross was married to Harriet Hammond Cross, one of the cross-movants in this case, on November 5, 1983, and this

marriage produced four children, now all minors.

In June, 1997,

the parties entered into a separation and property settlement agreement recorded in the Circuit Court for Anne Arundel County which, among other things, provided, in

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