CEDAR RAPIDS PED. CL. P. P. v. CONTINENTAL ASSUR. CO.

Nos. Civ. 86-5192, Civ. 87-5091.

690 F.Supp. 792 (1988)

BOARD OF TRUSTEES OF CEDAR RAPIDS PEDIATRIC CLINIC, P.A., PENSION PLAN et al., Plaintiffs, Ozark Supply Company Pension Trust, Trustees of Farmers and Merchants Bank Pension Plan, Intervening Plaintiffs, v. CONTINENTAL ASSURANCE CO. et al., Defendants. OZARK SUPPLY COMPANY PENSION TRUST, Plaintiff, v. CONTINENTAL ASSURANCE CO. et al., Defendants.

United States District Court, W.D. Arkansas, Fayetteville Division.

June 27, 1988.


Attorney(s) appearing for the Case

Tracy Barger, Byron Freeland and Susan Gunter, Mitchell, Williams, Selig & Tucker, Little Rock, Ark., for Board of Trustees of Cedar Rapids Pediatric Clinic, P.A., Pension Plan et al.

Thomas E. Burke, Fayetteville, Ark., Gary Elden, Marc Lauerman, and Darrell J. Graham, Chicago, Ill., for Continental Assur. Co.

Richard Wommack, Fayetteville, Ark., for Morton & Co., Inc., Actuarial Associates of America—Little Rock, Inc., Morton & Associates, Inc., MGA, Inc., Morton Pension Administrative Systems, Inc. and William C. Morton, Jr.

K.R. Lashlee, Rogers, Ark., for Ozark Supply Co. Pension Trust.

Mitchell, Williams, Selig & Tucker, Little Rock, Ark., for Trustees for Farmers & Merchants Bank Pension Plan.


MEMORANDUM OPINION

MORRIS SHEPPARD ARNOLD, District Judge.

The plaintiffs1 are various employers who had pension plans that were arranged with defendant Continental Assurance Company in 1974.2 The intermediaries in the transactions were William Morton, George Morton, and several insurance agencies owned or operated by them. In actuality, William Morton...

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