PHYSICIANS HEALTHCHOICE, INC. v. TRUSTEES OF AUTO. EMP.

Civ. No. 4-90-789.

784 F.Supp. 1416 (1992)

PHYSICIANS HEALTHCHOICE, INC., as assignee of the rights of certain members of the Automotive Employee Benefit Trust, Plaintiff, v. The TRUSTEES OF the AUTOMOTIVE EMPLOYEE BENEFIT TRUST, including Alfred S. Brodie, Joseph Garbina, Gerald R. Kottschade, Florence Markert, and other presently unidentified "John Doe" individuals, Defendants. The TRUSTEES OF the AUTOMOTIVE EMPLOYEE BENEFIT TRUST, including Alfred S. Brodie, Joseph Garbina, Gerald R. Kottschade, Florence Markert, and other presently unidentified "John Doe" individuals, Third-Party Plaintiffs, v. Ronald L. HASKVITZ, Independent Administration Company, a Minnesota corporation, Association Marketing Systems, Inc., a Minnesota corporation, AGBS Company, a Minnesota corporation, f/k/a KBA Marketing Associates, Inc., d/b/a American Group Benefits Service, Third-Party Defendants.

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

February 27, 1992.


Attorney(s) appearing for the Case

Keith J. Halleland, Popham, Haik, Schnobrich & Kaufman, David R. Strand, Rider, Bennett, Egan & Arundel, Minneapolis, Minn., for plaintiff.

Gaylord W. Swelbar, Robert T. Torgerson, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, Duluth, Minn., for defendants.


MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on defendants' motion for summary judgment. The motion will be granted.

FACTS

The Automotive Employee Benefit Trust (the Trust) was created in 1982 to provide health care and other benefits to the employees of its member employers; the operations and business of the Trust constituted an employee welfare benefit plan under ERISA, 29 U.S.C. § 1001, et...

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