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DAVIDOWITZ v. DELTA DENTAL PLAN OF CALIFORNIA

No. 90-16841.

946 F.2d 1476 (1991)

Fred DAVIDOWITZ, D.D.S., Morris Davidowitz, D.D.S., Donald Dobbs, D.D.S., Waltraut Grau, D.D.S., and Jeffrey P. Alexander, D.D.S., Plaintiffs-Appellees, v. DELTA DENTAL PLAN OF CALIFORNIA, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 28, 1991.

Attorney(s) appearing for the Case

M. Laurence Popofsky, Judith Z. Gold, Heller, Ehrman, White & McAuliffe, and Peter F. Sloss, San Francisco, Cal., for defendant-appellant.

Arthur Fine and Douglas W. Bordewieck, Mitchell, Silberberg & Knupp, Los Angeles, Cal., for plaintiffs-appellees.

Thomas W. Brunner, Wiley, Rein & Fielding, Washington, D.C., for Nat. Health Care Anti-Fraud Ass'n, as amicus.

Richard C. Johnson, Saltzman & Johnson, San Francisco, Cal., for Northern California Area Retail Clerks Unions, as amicus.

Before GOODWIN and SNEED, Circuit Judges, and TAYLOR, District Judge.

TAYLOR, District Judge:

This case presents the issue, on apparent first impression, whether ERISA affirmatively mandates assignability of welfare benefit plan payments notwithstanding an express plan term prohibiting assignment. ERISA expressly provides pension plan benefits are non-assignable, but is silent on welfare plan benefits. While Ninth Circuit authority holds ERISA's silence does not bar assignments, this Court concludes ERISA's silence cannot...

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