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CONFER v. CUSTOM ENG. CO. EMP. HEALTH BEN. PLAN

Civ. A. No. 89-69 Erie.

760 F.Supp. 75 (1991)

Ricky CONFER and Holly Confer, his wife, and Erie Indemnity Co., Plaintiffs, v. CUSTOM ENGINEERING CO. EMPLOYEE HEALTH BENEFIT PLAN, a/k/a Custom Engineering Co. Health Benefit Program, Custom Engineering Co., Trustee, Theodore E. Flower and Peter Traphagen, Defendants. CUSTOM ENGINEERING CO., Theodore E. Flower and Peter Traphagen, Defendants and Third Party Plaintiffs, v. SELF-FUNDED PLANS, INC., Third Party Defendant.

United States District Court, W.D. Pennsylvania.

April 3, 1991.

Attorney(s) appearing for the Case

Mary Beth Kotcella, Asst. U.S. Atty., Pittsburgh, Pa., for plaintiffs.

Joseph A. Massa, Jr., Warren, Pa., William J. Cluck, Saul Ewing Remick & Saul, Philadelphia, Pa., Mark M. Ristau, Warren, Pa., for defendants.

MEMORANDUM OPINION

MENCER, District Judge.

By this action, Plaintiffs seek to recover benefits owed under the Custom Engineering Co. Employee Health Benefit Plan (the "Plan") maintained by the Custom Engineering Company ("Custom"). Custom and the Plan, in turn, have sued Self-Funded Plans, Inc. (Self-Funded), the third party defendant, for indemnification. By our order of January 9, 1991 we granted plaintiff's summary judgment motion as to two parties; judgment...

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