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ARIZONA LIFE & DISABILITY v. HONEYWELL

No. 1 CA-CV 95-0125.

187 Ariz. 146 (1996)

927 P.2d 806

ARIZONA LIFE & DISABILITY INSURANCE GUARANTY FUND, an Arizona State Agency, Plaintiff-Counterdefendant-Appellant, v. HONEYWELL, INC., a Delaware Corporation, and First Trust National Association, a Corporation, Defendants-Counterclaimants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

Review and Cross-Petition for Review Granted November 19, 1996.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Sydney K. Davis, Chief Counsel Consumer Protection & Antitrust Section and W. Mark Sendrow, Assistant Attorney General and Guttilla & Murphy, P.C. by Nicholas C. Guttilla, Phoenix, for Appellant.

Snell & Wilmer, L.L.P. by John J. Bouma and Patrick G. Byrne, Phoenix, and Popham, Haik, Schnobrich & Kaufman, Ltd. by David L. Hashmall and Karen R. Cole Minneapolis, MN, for Appellees.

Donna M. Killoughey, P.C. by Donna M. Killoughey, Tempe and Ballard, Spahr, Andrews & Ingersoll by David H. Pittinsky and Lawrence D. Berger, Philadelphia, PA, for Unisys Corp., Amicus Curiae.

OPINION

LANKFORD, Judge.

The Arizona Life and Disability Insurance Guaranty Fund ("the Fund") filed an action for declaratory relief in superior court seeking a declaration that it was not obligated to cover losses suffered by an employee retirement plan operated by Honeywell, Inc. The Fund moved for summary judgment. Honeywell and the plan trustee, First Trust National Association ("the trustee"), filed a cross-motion for summary judgment. The...

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