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IRON WORKERS LOCAL 451 ANNUITY FUND v. O'BRIEN

Civil Action No. 95-458 MMS.

937 F.Supp. 346 (1996)

TRUSTEES OF IRON WORKERS LOCAL 451 ANNUITY FUND, Plaintiff, v. Erma L. O'BRIEN, Marie O'Brien, Kevin O'Brien, and the Estate of Michael E. O'Brien, Defendants.

United States District Court, D. Delaware.

August 2, 1996.

Attorney(s) appearing for the Case

Victor F. Battaglia, Jr., of Biggs & Battaglia, Wilmington, for plaintiff.

Stuart B. Young, of Young, Conaway, Stargatt & Taylor; Wilmington, for defendants Erma L. O'Brien and the Estate of Michael E. O'Brien.

James A. Robb, Wilmington, for defendants Marie O'Brien and Kevin O'Brien.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. Introduction

These motions for summary judgment have been filed by defendants in response to a Declaratory Judgment action brought by the Trustees of Iron Workers Local 451 Annuity Fund (the "Trustees"). The Trustees seek a declaration pursuant to 28 U.S.C. § 2201 as to which party is the proper beneficiary of certain benefits which accrued to Michael O'Brien ("Michael"), deceased...

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