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SCHULIST v. BLUE CROSS OF IOWA

No. 83-1082.

717 F.2d 1127 (1983)

Daniel SCHULIST, et al., Plaintiffs-Appellants, v. BLUE CROSS OF IOWA and Blue Shield of Iowa, Iowa Corporations, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 14, 1983.

Attorney(s) appearing for the Case

N. Morrison Torrey, Vedder, Price, Kaufman & Kammholz, Chicago, Ill., for plaintiffs-appellants.

G. Christian Kronberg, Kirkland & Ellis, Chicago, Ill., for defendants-appellees.

Before CUDAHY, POSNER and COFFEY, Circuit Judges.

CUDAHY, Circuit Judge.

The plaintiffs, trustees of the Pattern Makers' Health and Welfare Trust ("Trustees," "Trust"), sued Blue Cross of Iowa and Blue Shield of Iowa ("BC" and "BS") alleging breach of contract, breach of fiduciary duty under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq., and fraud. The district court, 553 F.Supp. 248

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