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HAMBERLIN v. VIP INS. TRUST

Civ. No. 77-469 Phx. WPC.

434 F.Supp. 1196 (1977)

Artie A. HAMBERLIN and Shirley Hamberlin, husband and wife, Plaintiffs, v. VIP INSURANCE TRUST, Galbraith & Green, Inc. of Arizona, an Arizona Corporation, C. Bruce Chambers, Wayne D. Crismon and Stephen C. Dana, Defendants.

United States District Court, D. Arizona.

August 5, 1977.

Attorney(s) appearing for the Case

Richard B. Burnham, Jennings, Strouss & Salmon, Phoenix, Ariz., for plaintiffs.

Robert H. Green, Robbins, Green, O'Grady & Abbuhl, Phoenix, Ariz., for defendants.

J. Michael Low, Asst. Atty. Gen., State of Ariz., Phoenix, Ariz., for State of Arizona, amicus curiae.

MEMORANDUM AND ORDER

COPPLE, District Judge.

Plaintiffs, beneficiaries of a group health and accident policy, have filed suit against defendants for alleged violations of the Federal Employee Retirement Income Act (hereinafter ERISA or the Act), 29 U.S.C. § 1001 (1974) et seq. Plaintiffs claim and defendants also urge that the defendant VIP Insurance Trust is an ERISA plan. Plaintiffs assert that this Court therefore has exclusive jurisdiction...

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