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THE FUND v. BREWSTER

No. 568, 2006.

940 A.2d 935 (2007)

ASBESTOS WORKERS LOCAL UNION NO, 42 WELFARE FUND, Plaintiff Below-Appellant, v. Thomas. L. BREWSTER, Sr., Candace L. Brewster, and Charles Snyderman, Esq., Defendants Below-Appellees.

Supreme Court of Delaware.

Decided: November 21, 2007.

Attorney(s) appearing for the Case

Claiborne S. Newlin, Esquire, of Meranze and Katz, P.C., Wilmington, Delaware and David A. Gaudioso, Esquire (argued), of Meranze and Katz, P.C., Philadelphia, Pennsylvania, for Appellant.

Charles Snyderman, Esquire, of Charles Snyderman, P.A., Wilmington, Delaware, for Appellees.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en banc.

RIDGELY, Justice.

This appeal arises from a subrogation action brought by Appellant Asbestos Workers Local No. 42 Welfare Fund (the "Fund") against Appellees Thomas L. Brewster, Sr., Candace L. Brewster, and Charles Snyderman, Esquire. The Fund was established under the Employment Retirement Income Security Act of 1974 (ERISA)1 for the benefit of the members of Asbestos Workers Local No. 42 ("Local 42") and their dependents. It operates...

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