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VIRGINIA BEACH POLICEMEN'S BENEV. ASS'N v. REICH

Civ. A. No. 2:93cv1170.

881 F.Supp. 1059 (1995)

VIRGINIA BEACH POLICEMEN'S BENEVOLENT ASSOCIATION, Robert Mathieson and Michael F. Gelardi, Joint Trustees of the Centurion Health and Welfare Benefit Plan, Plaintiffs, v. Robert REICH, Secretary of the United States Department of Labor, United States Department of Labor, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

March 22, 1995.

Attorney(s) appearing for the Case

Michael T. Leibig, Zwerdling, Paul, Leibig, Kahn, Thompson & Driesen, P.C., Fairfax, VA, for plaintiffs, Virginia Beach Policemen's Benev. Ass'n and Robert Mathieson.

Wyatt B. Durrette, Jr., Arnold C. Moore, Jr., Durrette, Irvin, Lemons & Bradshaw, Richmond, VA, for plaintiff Michael F. Gelardi.

Michael A. Rhine, Asst. U.S. Atty., Norfolk, VA, Alexander Fernandez, U.S. Dept. of Labor, Office of Sol., Washington, DC, for defendants.

OPINION AND FINAL ORDER

REBECCA BEACH SMITH, District Judge.

This matter comes before the Court on Plaintiffs' and Defendants' cross-motions for summary judgment. After oral argument from the parties, the case is ready for decision by the Court. For the reasons stated below, the Court GRANTS Defendants' motion for summary judgment and DENIES Plaintiffs' motions for summary judgment.

I. Factual and Procedural History

Plaintiff Virginia...

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