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BENEFAX CORP. v. WRIGHT

Civ. A. No. C90-0454-L(J).

757 F.Supp. 800 (1990)

BENEFAX CORPORATION, Max L. Underwood, Edie Harden and Thomas M. Glogower, Plaintiffs, v. Elizabeth P. WRIGHT, Commissioner, Commonwealth of Kentucky Department of Insurance, Defendant.

United States District Court, W.D. Kentucky, Louisville Division.

December 14, 1990.

Attorney(s) appearing for the Case

M. Stephen Pitt, Wyatt, Tarrant & Combs, Louisville, for plaintiffs.

Patrick Watts and Suetta Dickinson, Com. of Ky., Dept. of Insurance, Frankfort, for defendant.

Shelby J. Hoover, Jones, Day, Reavis & Pogue, Washington, D.C., amicus curiae for Charter Network Co.

MEMORANDUM OPINION

JOHNSTONE, District Judge.

This matter is before the court on plaintiffs' motion for summary judgment on the grounds that the Employee Retirement Income Security Act of 1974, ("ERISA") 29 U.S.C. § 1001 et seq., preempts KRS 304.9-051 and 304.9-052 under which the defendant, Commissioner of the Kentucky Department of Insurance ("Commissioner") is attempting to regulate plaintiffs' activities. Finding that these statutes do not...

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