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WISCONSIN EDUC. ASS'N INS. TRUST v. IOWA STATE BD.

No. 85-2220.

804 F.2d 1059 (1986)

WISCONSIN EDUCATION ASSOCIATION INSURANCE TRUST; James Blank; Steve Balda; George Bauder; William Buckler; Mary Pat David; George Duvall; Bill Hjort; Dennis Hortum; Nelda Newell; Kenneth Oudenhoven; Jetty Pyle; and Janie Virlee, Appellees, v. IOWA STATE BOARD OF PUBLIC INSTRUCTION; Robert D. Benton; and Robert D. Bartlett Iowa Insurance Department; Bruce W. Foundree; Thomas Alberts; and Tony Schrader, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 7, 1986.

Attorney(s) appearing for the Case

Fred M. Haskins, Des Moines, Iowa, for appellants.

James S. Ray, Washington, D.C., for appellees.

Karen L. Handorf, Washington, D.C., for amicus curiae.

Before McMILLIAN, JOHN R. GIBSON and BOWMAN, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

The issue before us is whether the Wisconsin Education Association Insurance Trust (WEAIT) is an "employee welfare benefit plan" as defined in section 3(1) of the Employee Retirement Income Security Act, 29 U.S.C. § 1002(1) (1982), even though WEAIT provides benefits to individuals who are not members of any labor union affiliated with WEAIT. If WEAIT is not an employee welfare benefit plan, ERISA does not preclude the Iowa Insurance...

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