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IN RE CONSOLIDATED WELFARE FUND ERISA LITIGATION

MDL No. 902, No. 91 Civ. 4031 (MP).

839 F.Supp. 1068 (1993)

In re CONSOLIDATED WELFARE FUND ERISA LITIGATION. Robert REICH, Secretary of Labor, United States Department of Labor, et al., Plaintiff, v. Burton GOLDSTEIN, et al., Defendants.

United States District Court, S.D. New York.

December 20, 1993.

Attorney(s) appearing for the Case

Tess Ferrera, U.S. Dept. of Labor, Office of the Sol., Washington, DC, for plaintiff U.S. Dept. of Labor.

Robert N. Eccles, O'Melveny & Myers, Washington, DC, for defendant Burton Goldstein.

OPINION

MILTON POLLACK, Senior District Judge:

The Department of Labor ("DOL") brings suit against Burton Goldstein, a former trustee of an employee welfare benefit plan (the "Consolidated Local 867 Health and Welfare Fund ("the Fund")). Pursuant to Fed. R.Civ.P. 56, the DOL moved the Court for partial summary judgment on the issue of Goldstein's liability for violating the fiduciary duty provisions of ERISA. The Fund sold health insurance benefits...

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