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WISCONSIN DEPT. OF HHS v. UPHOLSTERERS INTERN.

No. 87-C-387-C.

686 F.Supp. 708 (1988)

WISCONSIN DEPARTMENT OF HEALTH AND SOCIAL SERVICES, in its own right and as the representative of a class similarly situated, and so numerous that the joinder of all class members is impractical, Plaintiff, v. UPHOLSTERERS INTERNATIONAL UNION HEALTH AND WELFARE FUND, Defendant.

United States District Court, W.D. Wisconsin.

June 6, 1988.

Attorney(s) appearing for the Case

E. Gordon Young, Asst. Atty. Gen., Madison, Wis., for plaintiff.

Dean M. Horwitz, Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, Milwaukee, Wis., for defendant.

ORDER

CRABB, Chief Judge.

This is a civil action for monetary and declaratory relief in which plaintiff seeks reimbursement for benefits paid to members of defendant's health and benefit plan who are also eligible to receive medical benefits under plaintiff's Medicaid program. Defendant denies that it has any liability to plaintiff for reimbursement of health insurance benefits. It contends that the Employee Retirement Income Security Act (ERISA) preempts...

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