FULLER v. OLSON

No. 5:94-CV-139.

907 F.Supp. 257 (1995)

Ross FULLER as Trustee for the International Association of Entrepreneurs of America Benefit Trust, Plaintiff/Counter-Defendant, and Planmarc Leasing Co., a Michigan corporation, Plaintiff, v. D. Joseph OLSON, Commissioner, Michigan Bureau of Insurance, Defendant/Counter-Plaintiff, and Frank J. Kelley, Attorney General of the State of Michigan, and Jack Wheatley, Director, Michigan Bureau of Workers' Disability Compensation, Defendants.

United States District Court, W.D. Michigan, Southern Division.

November 14, 1995.


Attorney(s) appearing for the Case

Scott L. Mandel, Foster Swift Colins & Smith, P.C., Lansing, MI, Randolph D. Phifer, Patterson, Phifer & Phillips, P.C., Detroit, MI, Joseph A. Jordano, Fitzgerald, Schorr, Barmettler & Brennan, P.C., Omaha, NE, for Plaintiffs.

William A. Chenoweth, Leonard J. Malinowski, Assistant Attorneys General, Lansing, MI, for Defendants.


OPINION OF THE COURT

McKEAGUE, District Judge.

This is an action for declaratory and injunctive relief. Plaintiffs challenge certain Michigan statutes as preempted by ERISA, the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., and violative of the Commerce Clause of the United States Constitution. Now before the Court are the parties' cross-motions for summary judgment.

I

Plaintiff Ross Fuller is Trustee of...

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