MARTZ v. KURTZ

Civ. No. 1:CV-94-1614.

907 F.Supp. 848 (1995)

Richard W. MARTZ, as Trustee of the Building Trades Health and Welfare Fund, Plaintiff, v. Gerald F. KURTZ and Jama Lynn Kurtz.

United States District Court, M.D. Pennsylvania.

August 1, 1995.


Attorney(s) appearing for the Case

Ira H. Weinstock, Harrisburg, PA, Michael A. Koranda, Ira H. Weinstock, P.C., Harrisburg, PA, for plaintiff.

James A. Nettleton, Jr., Lancaster, PA, Thomas P. Lang, Law office of Dale E. Anstine, York, PA, for defendants.


MEMORANDUM

RAMBO, Chief Judge.

Plaintiff, Richard W. Martz, in his capacity as Trustee of the Building Trades Health and Welfare Fund, filed this action pursuant to § 502(a)(3)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. § 1132(a)(3)(B). Presently before the court are the parties' cross motions for summary judgment.

In its motion, Plaintiff contends that, as a matter of law, the Fund is...

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