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KAISER PERMANENTE EMP. PENSION PLAN v. BERTOZZI

No. C 93-3205 WHO.

849 F.Supp. 692 (1994)

KAISER PERMANENTE EMPLOYEES PENSION PLAN, Plaintiff, v. Diane BERTOZZI, individually and as Trustee of the Murber L. Hodge Trust, and Walter Hodge, Defendants. And Related Actions.

United States District Court, N.D. California.

March 24, 1994.

Attorney(s) appearing for the Case

Gary T. Lafayette, C. Mark Humbert, McGee Willis & Greene, San Francisco, CA, for plaintiff and counter defendant Kaiser Permanente Employees Pension Plan and counter defendant Kaiser Foundation Health Plan Inc., as administrator of the Kaiser Permanente Employees Pension Plan.

Lucia C. Savage, Janet E. Brown, Sigman & Lewis, Oakland, CA, for defendant and counter claimant Diane Bertozzi, individually and as trustee of the Murber L. Hodge Trust.

MEMORANDUM DECISION AND ORDER

ORRICK, District Judge.

Plaintiff and counterdefendant Kaiser Permanente Employees Pension Plan has moved for summary judgment against defendant and counterplaintiff Dianne Bertozzi. For the reasons stated hereinafter, as well as for the reasons stated at the hearing on February 24, 1994, the motion for summary judgment is denied.

I.

This is an action for declaratory relief brought by plaintiff and counterdefendant...

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