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STONG v. BUCYRUS-ERIE CO.

No. 78-C-703.

472 F.Supp. 1089 (1979)

Merl D. STONG et al., Plaintiffs, v. BUCYRUS-ERIE COMPANY and Bucyrus Hourly Employees Retirement Plan, Defendants.

United States District Court, E. D. Wisconsin.

June 18, 1979.

Attorney(s) appearing for the Case

Zubrensky, Padden, Graf & Bratt by James P. Maloney, Milwaukee, Wis., for plaintiffs.

Reinhart, Boerner, Van Deuren, Norris & Rieselbach by Paul V. Lucke, Milwaukee, Wis., and Seyfarth, Shaw, Fairweather & Geraldson by Allan Gunn, Chicago, Ill., for defendants.

DECISION and ORDER

MYRON L. GORDON, District Judge.

This case is before me for decision of the defendants' motion to dismiss the complaint for failure to state a claim under Rule 12(b)(6), Federal Rules of Civil Procedure, and the plaintiffs' motion for partial summary judgment pursuant to Rule 56. The complaint charges a violation of section 203(a) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1053(a), arising from a provision...

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