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FEINSTEIN v. LEWIS

No. 79 Civ. 2204 (HFW).

477 F.Supp. 1256 (1979)

Barry FEINSTEIN et al., Plaintiffs, v. Albert B. LEWIS, Superintendent of Insurance of the State of New York, et al., Defendants.

United States District Court, S. D. New York.

October 12, 1979.

Attorney(s) appearing for the Case

Guggenheimer & Untermyer, New York City, for plaintiffs; David M. Brodsky, Joan Ross Sorkin, Ellen Doskow, Charles Fastenberg, New York City, of counsel.

Insurance Department of the State of New York, New York City by Sidney B. Glaser, Associate Counsel, New York City, for defendant Lewis.

Plan Benefits Security Division, U. S. Dept. of Labor, Washington, D. C. by Monica Gallagher, Associate Sol., Norman P. Goldberg, Counsel for Litigation, Edward A. Scallet, Atty., Washington, D. C., for defendant Marshall.

OPINION

WERKER, District Judge.

This action for injunctive and declaratory relief raises the issue of whether an employee welfare plan established pursuant to a collective bargaining agreement between a public employer and a union for the benefit of public employees is exempt from the provisions of Title I of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq.1 There being no material...

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