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ATLANTIC HEALTH CARE BENEFITS TRUST v. FOSTER

Civ. A. No. 3:CV-92-0551.

809 F.Supp. 365 (1992)

ATLANTIC HEALTH CARE BENEFITS TRUST, United Health Care Association of America, National Insurance Consultants, Inc., Edward M. Zinner, and William Moulton, Plaintiffs, v. Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania; and the Insurance Department of the Commonwealth of Pennsylvania, Defendants. Charles R. ZIMMERMAN, Plaintiff, v. Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania; and the Insurance Department of the Commonwealth of Pennsylvania, Defendants. Harold W. KING, Plaintiff, v. Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania; and the Insurance Department of the Commonwealth of Pennsylvania, Defendants.

United States District Court, M.D. Pennsylvania.

December 23, 1992.

Attorney(s) appearing for the Case

Don Bailey, Bailey & Hardy, Harrisburg, PA, for plaintiffs.

John G. Knorr, III, Linda Cadden Barrett, Sandra Wise Stoner, Office of the Atty. Gen., Harrisburg, PA, for Constance B. Foster.

Gwendolyn T. Mosley, John G. Knorr, III, Linda Cadden Barrett, Linda C. Barrett, Sandra Wise Stoner, Office of Atty. Gen., Harrisburg, PA, for Insurance Dept. of the Com. of Pennsylvania, Chris Monahan and Cynthia M. Maleski.

MEMORANDUM

RAMBO, Chief Judge.

Before the court is Defendants' motion to dismiss Plaintiffs' complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Plaintiffs seek a declaration that Pennsylvania insurance laws regulating its benefits plan are preempted by ERISA, and further seek to enjoin the Commissioner from interfering with their benefits plan. Defendants assert that they are immune from suit pursuant to the Eleventh Amendment...

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