DAVIS v. LINE CONST. BEN. FUND

No. 82-1032-CV-W-0.

589 F.Supp. 146 (1984)

Marion DAVIS, Plaintiff, v. LINE CONSTRUCTION BENEFIT FUND, Defendant.

United States District Court, W.D. Missouri, W.D.

April 17, 1984.


Attorney(s) appearing for the Case

Robert Graeff, Independence, Mo., for plaintiff.

Steven A. Fehr and Herman M. Shaffer, Jolley, Moran, Walsh, Hager & Gordon, Kansas City, Mo., for defendant.


OPINION ON PARTIES' CROSS MOTIONS FOR SUMMARY JUDGMENT

ROSS T. ROBERTS, District Judge.

The basic question before the court, posed by the parties' cross motions for summary judgment, is whether certain subrogation provisions of an ERISA (Employment Retirement Security Act of 1974, 29 U.S.C. § 1001 et seq) regulated employee benefit plan are valid and enforceable despite the fact that Missouri state law would invalidate those provisions. More specifically...

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