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JOHN HANCOCK MUT. L. INS v. HLTH., WELFARE, & RET. TR.

341 Mass. 206 (1960)

167 N.E.2d 863

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY & another vs. HEALTH, WELFARE AND RETIREMENT TRUST FUNDS BOARD.

Supreme Judicial Court of Massachusetts, Suffolk.

June 10, 1960.

Attorney(s) appearing for the Case

Liberty Mutual Insurance Company v. Health, Welfare and Retirement Trust Funds Board, ante, 194, followed with respect to a plan involving a group annuity contract issued by an insurer to an employer and an account entitled "Pension Administration Fund" on the books of the insurer.

Richard C. Evarts, (John H. Doermann with him,) for the plaintiffs.

Leo Sontag, Assistant Attorney General, (William J. McCarthy with him,) for the defendant.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & CUTTER, JJ.

WHITTEMORE, J.

This case is controlled by the opinion of this date in Liberty Mut. Ins. Co. v. Health, Welfare & Retirement Trust Funds Bd., ante, p. 194. The fact that there is on the books of the insurance company an account which is entitled "Pension Administration Fund" brings the case more nearly within the technical definition of "fund" outlined in the opinion. But we think again that the statute has not adequately shown an intention to regulate...

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