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WINSTEAD v. J.C. PENNEY CO., INC.

No. 90-2647.

933 F.2d 576 (1991)

Marion M. WINSTEAD, et al., Plaintiffs-Appellants, v. J.C. PENNEY COMPANY, INCORPORATED, Voluntary Employees Beneficiary Association, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 30, 1991.

Attorney(s) appearing for the Case

Thomas C. Nyhan, David S. Allen, James D. O'Connell, Margaret M. Fahrenbach, Joan P. Simmons, James P. Condon, Central States, Southeast & Southwest Area Pension Fund, Rosemont, Ill., for plaintiffs-appellants.

Lori S. Yokoyama, Manuel Sanchez, Sanchez & Daniels, Chicago, Ill., Laurence L. Duncan, J.C. Penney Co., Inc., Legal Dept., Dallas, Tex., for defendants-appellees J.C. Penney Co., Inc., Voluntary Employees Beneficiary Ass'n and Aetna Life Ins. Co.

David C. Bohrer, Orest Dachniwsky, Oppenheimer, Wolff & Donnelly, Chicago, Ill., Mary H. Thompson, Watson, Blanche, Wilson & Posner, Baton Rouge, La., for defendant-appellee Woman's Hosp. Foundation.

Before BAUER, Chief Judge, and WOOD, Jr., and POSNER, Circuit Judges.

POSNER, Circuit Judge.

This appeal presents a difficult and important question under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. (ERISA). The question is whether the trustees of one ERISA plan against which a beneficiary has filed a claim can sue another, interlocking ERISA plan for a declaration that the second plan has the primary coverage and thus must pay the claim.

A child was born to an unmarried couple. The...

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