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MATTER OF APPLETREE MARKETS, INC.

No. 93-2211.

19 F.3d 969 (1994)

In the Matter of APPLETREE MARKETS, INC., et al., Debtors. SOUTH CENTRAL UNITED FOOD & COMMERCIAL WORKERS UNIONS AND EMPLOYERS HEALTH & WELFARE TRUST, et al., Appellants, v. APPLETREE MARKETS, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

April 15, 1994.

Attorney(s) appearing for the Case

Richard P. Carr, Reinhart, Boerner, Van Deuren, Norris & Rieselbach, Milwaukee, WI, Patrick M. Flynn, Houston, TX, for appellants.

Diana L.S. Peters, Denise M. Clark, Feder & Assoc., Washington, DC, amicus curiae (NCCMP).

Douglas Edward Hamel, Robert L. Ivey, Steven J. Wright, Vinson & Elkins, Houston, TX, for appellee.

Before VAN GRAAFEILAND, SMITH, and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

There is only one issue in this case: When an employer withdraws from a multi-employer health insurance plan and establishes a new health plan for its remaining employees, who must continue to provide the health insurance mandated by COBRA to the qualifying employees of the withdrawing employer? The district court held that the multi-employer plan remains responsible for the COBRA-qualified employees. Finding this conclusion consistent...

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