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Court Finds Catholic Hospital Plan is a Church Plan, Dismisses Plaintiff's Claim
FRA PlanTools and The Lowenbaum Partnership May 9, 2014
"[T]he court here found that the use of the phrase 'includes' rather than 'subject to' made the difference in the court's interpretation that Section (A) [of ERISA section 3(33), codified at 29 U.S.C. 1002(33),] was not a 'gatekeeper' to Section (C). Notably, the court did not directly address the fact that the word 'established' is missing from the second part of Section (C), which was so important to the previous two court's decisions." [Overall v. Ascension et al., No. 13-11396 (E.D. Mich. May 9, 2014)]
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