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HUNT v. MAGNELL

Civ. No. 3-89-756.

766 F.Supp. 727 (1990)

Thomas HUNT, Leonard Lanoue, Roger Harris, and Bernard Gruenke, in their capacity as participants in the Continental Machines, Inc. Employees' Trust, individually and on behalf of the Continental Machines, Inc. Employees' Trust, Plaintiffs, v. Steffen I. MAGNELL, individually and in his capacity as Trustee of the Continental Machines, Inc. Employees' Trust, and in his capacity as administrator of the estate of Ernest L. Drew, and Stephen R. Weldon, individually and in his capacity as Trustee of the Continental Machines, Inc. Employees' Trust, Defendants and Third-Party Plaintiffs, v. Gary HEIST and James W. Parkin, individually and in their capacity as Trustees of the Continental Machines, Inc. Employees' Trust, Third-Party Defendants.

United States District Court, D. Minnesota, Third Division.

November 19, 1990.

Attorney(s) appearing for the Case

John H. Hinderaker, Faegre & Benson, Bloomington, Minn., for third-party defendants.

Luke H. Terhaar, Lindquist & Vennum, Minneapolis, Minn., for plaintiffs.

Denise L. Yegge and Seymour J. Mansfield, Mansfield & Tanick, Minneapolis, Minn., for defendant and third-party plaintiff Steffen I. Magnell.

Karla R. Wahl, Minneapolis, Minn., for defendant and third-party plaintiff Stephen R. Weldon.

AMENDED ORDER

DEVITT, District Judge.

Introduction

In this action based upon the Employee Retirement Income Security Act ("ERISA"), plaintiffs Leonard LaNoue, Roger Harris, and Bernard Gruenke, and third party defendants Gary Heist ("Heist") and James Parkin ("Parkin") move to dismiss defendants Steffen Magnell ("Magnell") and Stephen Weldon's ("Weldon") third-party claims for contribution. The principal issue raised by this motion, whether ERISA...

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