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COMMUNICATIONS WORKERS v. SBC DISABILITY INCOME

No. CIVASA-99-CA-1014-FB.

80 F.Supp.2d 631 (1999)

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, and Rene Anzaldua, Plaintiffs, v. SBC DISABILITY INCOME PLAN, SBC Communications, Inc., and Aetna Life Insurance Company, Defendants.

United States District Court, W.D. Texas, San Antonio Division.

December 17, 1999.

Attorney(s) appearing for the Case

David Van Os, David Van Os & Associates, San Antonio, TX, for Communications Workers of America, AFL-CIO, Rene Anzaldua, plaintiffs.

Diego J. Pena, Debra A. Verbil, San Antonio, TX, for SBC Disability Income Plan, SBC Communications, Inc., defendants.

John Bruce Shely and Jeffrey Migit, Andrews & Kurth, L.L.P., Houston, TX, for Aetna Life Insurance Co., defendant.

ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO AS A PARTY-PLAINTIFF

BIERY, District Judge.

This case presents an example of traditional judicial branch statutory construction adverse to one of the plaintiffs. Based on the analysis in this and similar cases cited, the appropriate forum to obtain standing to bring ERISA claims on behalf of association members is the legislative branch.

Before the Court...

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