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GENERAL SPLIT CORP. v. MITCHELL

No. 81-C-42.

523 F.Supp. 427 (1981)

GENERAL SPLIT CORPORATION, a Wisconsin Corporation, et al., Plaintiffs, v. Susan MITCHELL, Commissioner of Insurance of the State of Wisconsin, et al., Defendants.

United States District Court, E. D. Wisconsin.

September 30, 1981.

Attorney(s) appearing for the Case

William J. Mulligan, Mulcahy & Wherry, Milwaukee, Wis., for plaintiffs.

Bronson C. LaFollette, Wis. Atty. Gen. by James P. Altman, Asst. Atty. Gen., Madison, Wis., for defendants.

Mary A. Brauer and Scott W. Hansen, Reinhart, Boerner, Van Deuren, Norris & Rieselbach, Milwaukee, Wis., amicus curiae.

DECISION AND ORDER

MYRON L. GORDON, District Judge.

The plaintiffs in this action seek a declaratory judgment and a permanent injunction against the application of certain Wisconsin laws to their operations. The plaintiffs contend that the regulatory scheme embodied by the Wisconsin statutes is pre-empted as to them by the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. (hereinafter ERISA). Both sides have moved for summary...

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