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COM. OF PA. DPW v. QUAKER MEDICAL CARE PLAN

Civ. A. No. 92-1752.

836 F.Supp. 314 (1993)

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, Plaintiff, v. QUAKER MEDICAL CARE AND SURVIVORS PLAN, Defendant.

United States District Court, W.D. Pennsylvania.

October 28, 1993.

Attorney(s) appearing for the Case

Jason W. Manne, Asst. Counsel, Office of Gen. Counsel, Dept. of Public Welfare, Pittsburgh, PA, for plaintiff.

H. Yale Gutnick, Ronald D. Barber, Strassburger, McKenna, Gutnick & Potter, Pittsburgh, PA, Jeffrey K. Ross, John T. Murray, Marcia A. Mahoney, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for defendant.

OPINION AND ORDER

D. BROOKS SMITH, District Judge.

I. Introduction

The Pennsylvania Department of Public Welfare (DPW) brought this action to recover health benefits in the amount of $55,869.00, plus interest and costs, from defendant Quaker Medical Care and Survivors Plan (Quaker), an "employee welfare benefit plan" under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001, 1002(1) (ERISA), for services...

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