Legal Opinion
Belmont Community Hospital v. Local Union No. 9, I.B.E.W. & Outside Contractors Health & Welfare Fund
District Court, N.D. Illinois
Decided May 29, 1990No. 89 C 7941PublishedCited by 2 opinions
1Opinion of the Court
ORDER
NORGLE, District Judge.
Before the court is the motion of defendant, Local Union No. 9, I.B.E.W. & Outside Contractors Health & Welfare Fund (the “Plan”), to dismiss the complaint of plaintiff, Belmont Community Hospital (the “Hospital”). For the following reasons, the motion is denied.
On a motion to dismiss, the allegations of the complaint as well as the reasonable inferences to be drawn from them are taken as true. Doe v. St. Joseph’s Hospital, 788 F.2d 411 (7th Cir.1986). Accordingly, the facts are as follows. The Plan is an entity created under the Employment Retirement Income…
2Cases cited17 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- B. Doe, M.D., on Behalf of B. Doe and B. Doe's Patients v. St. Joseph's Hospital of Fort WayneCourt of Appeals for the Seventh Circuit · 1986
- Hermann Hospital v. Meba Medical & Benefits PlanCourt of Appeals for the Fifth Circuit · 1988
- Petar Misic v. The Building Service Employees Health and Welfare TrustCourt of Appeals for the Ninth Circuit · 1986
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3Cited by2 opinions
- Hemphill v. Unisys Corp.District Court, D. Utah · 1994
- Simon v. Cyrus Amax Minerals Health Care PlanDistrict Court, D. Colorado · 2000