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FIRST BANK SYSTEM, INC. v. MARTIN

Civ. No. 3-91-507.

782 F.Supp. 425 (1991)

FIRST BANK SYSTEM, INC., First Trust National Association, and First Bank National Association, Plaintiffs, v. Lynn MARTIN, Secretary of the United States Department of Labor, and the United States Department of Labor, Defendants.

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

October 28, 1991.

Attorney(s) appearing for the Case

Mark P. Wine and Diane L. Drays, Oppenheimer, Wolff & Donnelly, Minneapolis, Minn., for plaintiffs.

William Zuckerman and Tess J. Ferrera, Office of the Sol., U.S. Dept. of Labor, Plan Benefits Sec. Div., Washington, D.C., for defendants.

MEMORANDUM OPINION AND ORDER

DEVITT, District Judge.

BACKGROUND

Plaintiffs First Bank System, Inc., First Trust National Association, and First Bank National Association (collectively "FBS") commenced this action against the Secretary and Department of Labor (collectively "Secretary") on August 12, 1991 seeking, inter alia, a determination that certain services provided by FBS to discretionary pension accounts did not violate the prohibited...

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