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MANUFACTURERS LIFE INS. v. EAST BAY RESTAURANT

No. C-98-1813 VRW.

57 F.Supp.2d 921 (1999)

The MANUFACTURERS LIFE INSURANCE CO, Plaintiff, v. EAST BAY RESTAURANT AND TAVERN RETIREMENT PLAN, et al, Defendants.

United States District Court, N.D. California.

July 20, 1999.

Attorney(s) appearing for the Case

Robert Levy, Randall Doctor, Barger & Wolen, San Francisco, CA, for plaintiff.

Matthew Ross, Peter Saltzman, Leonard, Carder, Nathan, Zuckerman Ross, Chin & Remar, Oakland, CA, Matthew Ross, Peter Saltzman, Leonard, Carder, Nathan, Zuckerman Ross, Chin & Remar, San Francisco, CA, Peter Southworth, Office of the Attorney General of the State of California, Sacramento, CA, for defendants.

AMENDED ORDER.

WALKER, District Judge.

Before the court is the plan defendants' motion for summary adjudication. The plan defendants assert that the Employee Retirement Income Security Act of 1974 (ERISA), 29 USC § 1001 et seq, preempts California's Unclaimed Property Law (UPL), CCP § 1500 et seq, as applied to certain funds held by plaintiff. These funds are held with respect to missing participants in the Pension Plan of East Bay Restaurant and...

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