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MICHIGAN UNITED FOOD AND COMMERCIAL v. BAERWALDT

No. 83-1570.

767 F.2d 308 (1985)

MICHIGAN UNITED FOOD AND COMMERCIAL WORKERS UNIONS and Food Employers Health and Welfare Fund, and the Board of Trustees thereof; and Michigan United Food and Commercial Workers Unions Drug and Mercantile Employees Welfare Fund, and the Board of Trustees thereof, Plaintiffs-Appellees, v. Nancy A. BAERWALDT, Commissioner of Insurance of the State of Michigan; Jean Carlson and Thomas Pierson, Deputy Commissioners of Insurance of the State of Michigan; and the Bureau of Insurance of the State of Michigan, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 19, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen. of Mich., Lansing, Mich., William A. Chenoweth, Asst. Atty. Gen. (argued), for defendants-appellants.

Theodore Sachs (argued), Detroit, Mich., for plaintiffs-appellees.

Before KEITH, Circuit Judge, and PECK and BROWN, Senior Circuit Judges.

BAILEY BROWN, Senior Circuit Judge.

Plaintiffs are two voluntary, unincorporated employee benefit trust funds, and the trustees thereof. The plaintiff plans were established to provide health and welfare benefits to participating union employees and their beneficiaries and are "employee welfare benefit plans" as defined by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461. Defendants are the Michigan Bureau of Insurance, Michigan...

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