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TREGONING v. AMERICAN COMMUNITY MUT. INS. CO.

No. 92-2253.

12 F.3d 79 (1993)

Barbara J. TREGONING; Joe W. Hutchins; JoAnn Hartlerode; and Ripley Lance Peterson, Plaintiffs-Appellants, v. AMERICAN COMMUNITY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 17, 1993.

Attorney(s) appearing for the Case

John C. Johnson, Bruce C. Conybeare, H. Kevin Haight (argued and briefed), St. Joseph, MI, for plaintiffs-appellants.

Noble S. Jennette, III, Thomas J. Mulder, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, MI, Tony C. Merry (argued and briefed), Vorys, Sater, Seymour & Pease, Columbus, OH, for defendant-appellee.

Before: BOGGS and SUHRHEINRICH, Circuit Judges, and BAILEY BROWN, Senior Circuit Judge.

BOGGS, Circuit Judge.

The plaintiffs failed to receive health benefits under their employer's ERISA plan because the employer stopped paying into the benefits fund. The district court granted summary judgment to the defendant, American Community Mutual Insurance Company ("American"), on plaintiffs' Employee Retirement Income Security Act ("ERISA") claims under 29 U.S.C. § 1109(a) and § 1132(a)(3)(B). 815 F.Supp. 1054

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