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FULLER v. NORTON

No. 95-1163.

86 F.3d 1016 (1996)

Ross FULLER, Trustee of the International Association of Entrepreneurs of America Benefit Trust, Plaintiff-Appellant, and Great Oaks Management, a Colorado corporation, Plaintiff, v. Gale NORTON, Attorney General of the State of Colorado; John Ehnes, Commissioner, Colorado Division of Insurance, individually and in their professional capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 19, 1996.

Attorney(s) appearing for the Case

Joseph A. Jordano of Fitzgerald, Schorr, Barmettler & Brennan, P.C., Omaha, Nebraska (C. Scott Crabtree of Alexander Law Firm, P.C., Denver, Colorado, with him on the briefs), for Plaintiff-Appellant.

Robert M. Howard, Senior Assistant Attorney General (Gale A. Norton, Attorney General, and Stephen G. Smith, Assistant Attorney General, with him on the briefs), Denver, Colorado, for Defendants-Appellees.

Before BRORBY, McWILLIAMS and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Appellant is the trustee of an Employee Retirement Income Security Act of 1974 ("ERISA") plan offering benefits to the employees of its employer members through a multiple employer welfare arrangement ("MEWA"), as defined by section 3 of ERISA. 29 U.S.C. § 1002(3),(40). He claims that because his plan is within the protection of ERISA law, it may not be regulated as an insurance entity by the state of Colorado. Underpinning appellant's...

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