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COMMERCIAL MORTG. INS. INC. v. CITIZENS NAT. BANK

Civ. A. No. 3-80-0489-H.

526 F.Supp. 510 (1981)

COMMERCIAL MORTGAGE INSURANCE INC., Plaintiff, v. CITIZENS NATIONAL BANK OF DALLAS, Garnishee, Alan Eberstein, M.D., Professional Association Employees' Profit Sharing Plan and Trust; Alan Eberstein, M.D., Professional Association Employees' Pension Plan and Trust; Alan Eberstein, M.D., Professional Association; and Alan Eberstein, Trustee Intervenors.

United States District Court, N. D. Texas, Dallas Division.

November 10, 1981.

Attorney(s) appearing for the Case

Jim Lee, Winstead, McGuire, Sechrest & Trimble, Dallas, Tex., for plaintiff.

Patrick Stark, Baker, Riddle, Miller, Phillips, Brown & Murray, Dallas, Tex., for Garnishee.

Franklin H. Hytken, G. Tomas Rhodus, Rhodus, Jones & Hytken, Dallas, Tex., for intervenors.

MEMORANDUM OPINION

SANDERS, District Judge.

On September 2, 1974, following almost a decade of study of private pension plans, Congress enacted the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq. As the Supreme Court recently observed, ERISA is a "comprehensive and reticulated statute", Nachman Corp. v. Pension Benefit Guaranty Corp., 446 U.S. 359, 361, 100 S.Ct. 1723,...

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