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MICH. UNITED FOOD & COM. WKRS. UNIONS v. BAERWALDT

Civ. A. No. 82-73821.

572 F.Supp. 943 (1983)

MICHIGAN UNITED FOOD AND COMMERCIAL WORKERS UNIONS and Food Employers Health and Welfare Fund, et al., Plaintiffs, v. Nancy A. BAERWALDT, Commissioner of Insurance of the State of Michigan, et al., Defendants.

United States District Court, E.D. Michigan, S.D.

As Amended September 28, 1983.

Attorney(s) appearing for the Case

Theodore Sachs, I. Mark Steckloff, Detroit, Mich., for plaintiffs.

Harry G. Iwasko Jr., William A. Chenoweth, Lansing, Mich., for defendants.

OPINION

FEIKENS, Chief Judge.

This suit is before me on defendants' motion to dismiss the complaint and plaintiffs' motion for summary judgment. At issue here are questions of federal jurisdiction and ERISA1 preemption.

I. FACTUAL BACKGROUND

Plaintiffs are health and welfare benefit trust funds established under the Labor Management Relations Act of 1947 ("LMRA"), 29 U.S.C. § 186(c), and subject to ERISA...

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