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HENRY L. MEYERS MOVING v. ML&HIGA

Docket Nos. 185793, 185807.

566 N.W.2d 632 (1997)

222 Mich. App. 675

HENRY L. MEYERS MOVING & STORAGE, Henry L. Meyers Moving & Storage, Inc. amended and restated pension plan, Marshall Brass, Marshall Brass Company Pension Plan and Trust, Smith-Winchester, Smith-Winchester, Inc. Employees Pension Plan, Wolverine Sign Works, Wolverine Sign Works Pension Plan, Xact Products, Xact Products, Inc. Pension Plan, Yankee Screw Products, Yankee Screw Products Co. Benefit Plan & Trust, J.A.G. Sales, Inc., and J.A.G. Sales Inc. Group Life Plan, Plaintiffs-Appellees/Cross-Appellants, v. MICHIGAN LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION, Defendant-Appellant/Cross-Appellee.

Court of Appeals of Michigan.

Decided April 11, 1997, at 9:10 a.m.

Released for Publication July 1, 1997.

Attorney(s) appearing for the Case

Warner Norcross & Judd L.L.P. by Paul T. Sorensen, Grand Rapids, for J.A.G. Sales, Inc., and J.A.G. Sales, Inc., Group Life Plan, Henry L. Meyers Moving & Storage, Henry L. Meyers Moving & Storage, Inc., Amended and Restated Pension Plan, Marshall Brass, Marshall Brass Company Pension Plan and Trust, Smith-Winchester, Smith-Winchester Inc. Employees' Pension Plan, Wolverine Sign Works, Wolverine Sign Works Pension Plan, Xact Products, Xact Products, Inc. Pension Plan, Yankee Screw Products, and Yankee Screw Products Co. Defined Benefit Plan & Trust.

Colpean & Associates, P.C. by John C. Colpean and Matthew H. Rick, Lansing, for Michigan Life and Health Insurance Guaranty Association.

Jorden, Burr Berenson & Johnson by Waldemar J. Pflepsen, Jr., and Stephen H. Goldberg, Washington, DC, for amicus curiae National Organization of Life and Health Insurance Guaranty Associations.

Before FITZGERALD, P.J., and O'CONNELL and T.L. LUDINGTON, JJ.

PER CURIAM.

These consolidated cases arise from plaintiffs' claims that defendant, Michigan Life and Health Insurance Guaranty Association, was obligated by statute to guarantee, assume, or reinsure plaintiffs' insurance and annuity contracts following plaintiffs' insurer's insolvency and liquidation. In Docket No. 185793, defendant appeals as of right the order granting summary disposition for plaintiff J.A.G. Sales, Inc., and its employee benefits plan, J.A.G. Sales...

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