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NATIONAL BUSINESS ASS'N v. MORGAN

Civ. A. No. C89-0917-L(J).

770 F.Supp. 1169 (1991)

NATIONAL BUSINESS ASSOCIATION TRUST, By and Through its duly authorized representative, NATIONAL BENEFIT ADMINISTRATORS, INC., Plaintiff, and National Benefit Administrators, Inc., Intervening Plaintiff, v. Leroy MORGAN, Commissioner of the Commonwealth of Kentucky Department of Insurance, and Elizabeth P. Wright, Commissioner of the Commonwealth of Kentucky Department of Insurance, Defendants and Intervening Defendants.

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

February 15, 1991.

Attorney(s) appearing for the Case

Scott T. Wendelsdorf, Patricia B. VanCleave, Ogden, Sturgill & Welch, Mark A. Smedal, Louisville, Ky., for plaintiffs.

Patrick Watts, Suetta W. Dickinson, Ky. Dept. of Ins., Frankfort, Ky., for Leroy Morgan.

MEMORANDUM OPINION

JOHNSTONE, District Judge.

This federal question dispute is before the court on cross motions for summary judgment pursuant to FED.R.CIV.P. 56. The dispositive issue raised in these motions is whether and to what extent the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. prevents the Commissioner of the Kentucky Department of Insurance ("Commissioner")1 from exercising...

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