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ED MINIAT, INC. v. GLOBE LIFE INS. GROUP, INC.

No. 85-2846.

805 F.2d 732 (1986)

ED MINIAT, INC., South Chicago Packing Company, Ronald M. Miniat and Edmund M. Miniat, Jr., Plaintiffs-Appellants, v. GLOBE LIFE INSURANCE GROUP, INC. and Combined International Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 5, 1986.

Rehearing Denied January 16, 1987.

Attorney(s) appearing for the Case

Alexander D. Kerr, Jr., Keck, Mahin & Cate, Oak Brook, Ill., for plaintiffs-appellants.

Gary L. Starkman, Arvey, Hodes, Costello & Burman, Chicago, Ill., for defendants-appellees.

Before BAUER, Chief Judge, CUDAHY and RIPPLE, Circuit Judges.

CUDAHY, Circuit Judge.

The plaintiffs were participating employers in a Retirement Life Reserve ("RLR") insurance policy issued by the defendants. The plaintiffs allege that the defendants violated their fiduciary duties under ERISA and also make various state claims. The district court dismissed the complaint on the grounds that the plan was not established and maintained by an employer or an employee organization and thus was not an employee welfare benefit plan...

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