McGURL v. TEAMSTERS LOCAL 560 TRUCKING EMPLOYEES

Civil Action No. 94-5176 (MTB).

925 F.Supp. 280 (1996)

Maureen McGURL, Dewey Cannella, Richard E. McFeeley, Robert B. Davidson, Joseph Rizzo, Harvey Whille, Michael Kinsora, and Louis Marcucci, as Trustees of the UFCW Local 1262 and Employers Welfare Fund; and Joseph Rizzo, Harvey Whille, Michael Kinsora, Gilbert C. Vuolo, John Polding, and Robert F. Ennis, as Trustees of the UFCW Local 1262 and Employers Health and Welfare Fund, Plaintiffs, v. The TEAMSTERS LOCAL 560 TRUCKING EMPLOYEES OF NORTH NEW JERSEY WELFARE FUND, Defendant.

United States District Court, D. New Jersey.

April 29, 1996.


Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn by David W. MacGregor, Clifton, New Jersey and Proskauer, Rose, Goetz & Mendelsohn by Myron D. Rumeld, New York City, for Plaintiffs.

Herbert New & David W. New by Herbert New, Clifton, New Jersey, for Defendant.


OPINION

BARRY, District Judge.

This case has come before the court on the parties' cross-motions for summary judgment. The current dispute arises out of a series of medical benefits claims filed by four part-time employees who were covered as employee-participants under plaintiffs' funds and who, at the same time, were dependent beneficiaries of the defendant fund. Not surprisingly, each fund contends that, by the terms of its plan, the other is primarily...

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