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APCO WILLAMETTE v. P.I.T.W.U. HEALTH AND WELFARE FUND

No. 03 C 4307.

390 F.Supp.2d 696 (2005)

APCO WILLAMETTE CORPORATION, Plaintiff, v. P.I.T.W.U. HEALTH AND WELFARE FUND, Southern Plan Administrators, Inc., Oak Tree Administrators, Inc., Benefit Concepts, Inc. a/k/a Brokerage Concepts, Inc., Privilege Care, Inc. a/k/a Northpoint, Inc., Gordon Esses, Dennis Lortz, David Weinstein and Mark Macariella, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

March 29, 2005.

Attorney(s) appearing for the Case

Michael T. Hannafan, Blake T. Hannafan, Nicholas Anthony Pavich Michael T. Hannafan & Associates, Ltd., Bart Fitzpatrick Higgins, Ellen Gorman Robinson, Sopuch, Nouhan, Higgins & Arnett, Llp, Chicago, IL, for Apco Willamette Corp.

Richard M. Waris, James Joseph Sipchen, Pretzel & Stouffer, Chtd., Chicago, IL, Dion Joseph Sartorio, Mark Thomas Banovetz, Chicago, IL, Jeffrey Mark Alperin, Craig G. Penrose, Des Plaines, IL, for Oak Tree Administrators, Inc.

MEMORANDUM OPINION AND ORDER

GOTTSCHALL, District Judge.

Plaintiff APCO Willamette Corp. ("APCO") has sued various defendants under the Employee Retirement Income Security Act of 1974 ("ERISA") and Illinois law for alleged failure to obtain and provide an adequate health care insurance plan for APCO's employees. Presently before the court are the motions to dismiss of defendants Oak Tree Administrators, Inc. ("Oak Tree") and Benefit Concepts, Inc...

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