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FALCONE v. TEAMSTERS HEALTH AND WELFARE FUND

No. 06-5112, Civil Action No. 06-5112.

489 F.Supp.2d 490 (2007)

Mary FALCONE, Plaintiff, v. TEAMSTERS HEALTH AND WELFARE FUND, Defendant.

United States District Court, E.D. Pennsylvania.

May 31, 2007.

Attorney(s) appearing for the Case

John A. Gallagher, the Law Offices of John A. Gallagher, Plymouth Meeting, PA, for Plaintiff.

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

Before the Court is Defendant Teamsters Health and Welfare Fund's (the Fund) Motion to Dismiss or, in the Alternative, for Summary Judgment (doc. no. 2). In response to Defendant's motion, Plaintiff Mary Falcone has filed a cross-motion for summary judgment.

There are two central issues in this case. One, whether a claim for reinstatement of health benefits under an ERISA fund is statutory or contractual...

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