BOARD OF TR. OF LABORERS PENSION TR. v. LEVINGSTON

No. C 92-2919 FMS.

816 F.Supp. 1496 (1993)

BOARD OF TRUSTEES OF the LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA, and Marvin D. Johnson, as Secretary of the Board of Trustees, Plaintiffs, v. Clevon LEVINGSTON and Leola Levingston, Defendants.

United States District Court, N.D. California.

March 9, 1993.


Attorney(s) appearing for the Case

Thomas E. Stanton, Bruce K. Leigh, Stanton Kay & Watson, San Francisco, CA, for plaintiffs.

R. Bradford Huss, Amiram J. Givon, Trucker, Huss, Klamm & Sacks, San Francisco, CA, for defendant Leola Levingston.


ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

FERN M. SMITH, District Judge.

On December 22, 1992, the Court denied Defendants' Motion to Dismiss. The parties have now filed cross-motions for summary judgment which squarely present the issue of whether California state courts have the authority to determine whether a Domestic Relations Order is a Qualified Domestic Relations Order ("QDRO") for purposes of ERISA and to order an ERISA plan administrator...

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