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WILLIAMS v. ROHM AND HAAS PENSION PLAN

No. 06-2555.

497 F.3d 710 (2007)

Gary WILLIAMS, Plaintiff-Appellee, v. ROHM AND HAAS PENSION PLAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 2007.

Attorney(s) appearing for the Case

James T. Malysiak, Lee A. Freeman, Jr. (argued), Jenner & Block, Chicago, IL, for Defendant-Appellant.

Linda M. Doyle, McDermott, Will & Emery, Chicago, IL, M. Miller Baker (argued), McDermott, Will & Emery, Washington, DC, for Plaintiff-Appellee.

Before RIPPLE, KANNE, and EVANS, Circuit Judges.

KANNE, Circuit Judge.

Gary Williams filed suit, individually and on behalf of all others similarly situated, alleging that the Rohm and Haas Pension Plan (Plan) violated the Employee Retirement Income Security Act (ERISA) by failing to include a cost-of-living adjustment (COLA) in his lump sum distribution from the Plan. 29 U.S.C. § 1054(c)(3). The district court granted class certification and entered summary judgment for Williams. The district court concluded...

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