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STEEN v. JOHN HANCOCK MUT. LIFE INS. CO.

Nos. 95-15874, 95-16061.

106 F.3d 904 (1997)

William A. STEEN; Harold Hedlund; Timothy Sandis; John Heindel; Lawrence Wlezien; Wilbur Lockman; Norman Neste, as Trustees and land surveyors of California Trust, and the consulting engineers and land surveyors of California Health and Life Insurance Plan, Plaintiffs-Appellants, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY; Association Administrators and Consultants, Inc., Defendants-Appellees. William A. STEEN, Plaintiff, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellant, and ASSOCIATION ADMINISTRATORS AND CONSULTANTS, INC., Defendant, v. Robert LEMOND; James Wooten; Daniel Ogden; Milton Bell; Robert Bennett; David Lancaster, Trustees of the Texas Society of Architects Insurance Benefit Trust (Texas Trustees); Donald Melander; Michael Wirtanen; Arnold Lucke; Robert Mayeron; Thomas H. Stahl, Trustees of the Minnesota Society, American Institute of Architects Employee Benefits Trust ("Minnesota Trustees"), Third-Party-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 10, 1997.

Attorney(s) appearing for the Case

Peta Lewis Hallisey, Sacramento, CA, and David M. Cooke, Manley, Burke, Lipton & Cook, Cincinnati, OH, for plaintiffs-appellants-cross-appellees.

David A. Riegels, Diepenbrock, Wulff, Plant & Hannegan, LLP, Sacramento, CA, for defendant-appellee-cross-appellant John Hancock.

Gerald Welter, Welter and Greene, Los Angeles, CA, for defendant-appellee Association Administrators & Consultants, Inc.

Before WIGGINS and TROTT, Circuit Judges, and VANCE, District Judge.

OPINION

WIGGINS, Circuit Judge.

The California Council of Civil Engineers and Land Surveyors ("Cal Council"), an association of California employers engaged in civil engineering and surveying, established a trust fund ("Cal Council Trust"), through which it purchased insurance from John Hancock Mutual Life Insurance Co. ("John Hancock") to provide health insurance benefits to the employees of its member employers. As part of the insurance agreement, Cal...

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