BD. OF TRUSTEES OF MONTANA TEAMSTERS EMP. v. COYNE

No. CV-85-210-GF.

628 F.Supp. 561 (1986)

BOARD OF TRUSTEES OF the MONTANA TEAMSTERS EMPLOYERS, Plaintiffs, v. James COYNE, Mark Simon, Sr., Thomas Cash, Dale Tracer, Donald Rotsinger, Sr., and Michael McGree, Defendants.

United States District Court, D. Montana, Great Falls Division.

January 30, 1986.


Attorney(s) appearing for the Case

Bruce McKenzie, Donaldson & Kiel, P.S., Seattle, Wash., Maxon R. Davis, Cure, Borer & Davis, Great Falls, Mont., for plaintiffs.

Thomas F. Joyce, Burgess, Joyce & Whelan, Butte, Mont., for defendants.


MEMORANDUM AND ORDER

HATFIELD, District Judge.

The Montana Teamsters Employers Trust Fund ("Trust"), an employee welfare-benefit plan created under Section 302(c)(5) of the Labor Management Relations Act, 29 U.S.C.A. § 186(c)(5), is a welfare plan within the meaning of the Employees Retirement Income Security Act ("ERISA"), 29 U.S.C.A. § 1002(3). The plaintiffs, as trustees of the Trust, seek a declaration that ERISA preempts the application of...

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