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TIEMEYER v. COMMUNITY MUT. INS. CO.

No. C-1-90-509.

789 F.Supp. 894 (1992)

Donna TIEMEYER, et al., Plaintiffs, v. COMMUNITY MUTUAL INSURANCE COMPANY, et al., Defendants.

United States District Court, S.D. Ohio, W.D.

April 16, 1992.

Attorney(s) appearing for the Case

Mitchell Goldberg, Philip Logan, Cincinnati, Ohio, for plaintiffs.

Frank Woodside, Edward Marks, Cincinnati, Ohio, for defendants.

ORDER

CARL B. RUBIN, District Judge.

This matter is before the Court upon cross-motions for summary judgment (documents 36, 37 and 38). Fed.R.Civ.P. 56(c). The Plaintiffs assert a claim under the Employee Retirement Income Security Act of 1974 (ERISA) to recover benefits allegedly due to them as participants in an employee welfare benefit plan, 29 U.S.C. § 1132(a)(1)(B), and for an alleged breach of fiduciary duty, 29 U.S.C. § 1132(a)(2). In accordance...

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