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HOEFLICKER v. CENT. STATES, ETC., HEALTH & WELFARE

No. 86-0396-CV-W-5.

644 F.Supp. 195 (1986)

Shiela J. HOEFLICKER, Plaintiff, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, Defendant.

United States District Court, W.D. Missouri, W.D.

September 16, 1986.

Attorney(s) appearing for the Case

R.W. Shackleford, Bradley, Langdon & Bradley, Lexington, Mo., for plaintiff.

Steven A. Fehr, Herman A. Shaffer, Jolley, Walsh, Eager & Gordon, Kansas City, Mo., for defendant.

ORDER

SCOTT O. WRIGHT, Chief Judge.

Defendant has moved for summary judgment, pursuant to Rule 56, Fed.R.Civ.Pro., alleging that plaintiff's claim for vexatious refusal to pay accidental death benefits is pre-empted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., and that any recovery under ERISA is precluded since defendant Fund Trustee's determination that plaintiff...

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