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PHYSICIANS HEALTHCHOICE v. AUTOMOTIVE EMP. BEN. T.

Civ. No. 4-90-789.

764 F.Supp. 1360 (1991)

PHYSICIANS HEALTHCHOICE, INC., as assignee of the rights of certain members of the Automotive Employee Benefit Trust, Plaintiff, v. The TRUSTEES OF THE AUTOMOTIVE EMPLOYEE BENEFIT TRUST, including Alfred S. Brodie, Joseph Garbina, Gerald R. Kottschade, Florence Markert, and other presently unidentified "John Doe" individuals, Defendants. The TRUSTEES OF THE AUTOMOTIVE EMPLOYEE BENEFIT TRUST, including Alfred S. Brodie, Joseph Garbina, Gerald R. Kottschade, Florence Markert, Counter-claimants, v. PHYSICIANS HEALTHCHOICE, INC., Counter-defendant.

United States District Court, D. Minnesota, Fourth Division.

May 30, 1991.

Attorney(s) appearing for the Case

Keith J. Halleland, Popham, Haik, Schnobrich & Kaufman, David R. Strand, Rider, Bennett, Egan & Arundel, Minneapolis, Minn., for plaintiff.

Gaylord W. Swelbar, Robert T. Torgerson, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, Duluth, Minn., for defendants.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on plaintiff's motion to dismiss defendants' counterclaim. The motion will be granted.

FACTS

In March of 1990 the trustees of the Automotive Employee Benefit Trust (the trust) terminated the employee benefit plan (the plan) which was providing medical benefits to more than 6,000 plan participants, as well as their dependents. At the time of the termination...

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