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CENTRAL STATES, SE & SW AREAS PENSION v. HOWELL

Nos. 98-4025, 98-4026.

227 F.3d 672 (2000)

CENTRAL STATES, SOUTHEAST & SOUTHWEST AREAS PENSION FUND, an employee welfare benefit plan, et al., Plaintiffs, v. JoAnn M. HOWELL, Defendant-Appellee-Cross-Appellant, Sheryl L. Turcow; Kenneth N. Howell; David B. Howell, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 25, 2000.

Attorney(s) appearing for the Case

Dennis P. Strong (argued and briefed), Sylvania, Ohio, for Defendants-Appellants/Cross-Appellees.

John B. Fisher (argued and briefed), Mollenkamp & Fisher, Toledo, Ohio, for Defendant-Appellee/Cross-Appellant.

Before: JONES, BATCHELDER, and CLAY, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

JoAnn and Kenneth Howell were married on April 28, 1978. Kenneth had three children by a prior marriage—Sheryl, Neil1 and David. At the time of his death, Kenneth was covered by three life insurance policies. Two of the policies, issued by private insurers, are not governed by ERISA. The remaining policy—the Central States Southeast and Southwest Areas Health & Welfare Fund...

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