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STONG v. BUCYRUS-ERIE CO.

No. 78-C-703.

476 F.Supp. 224 (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.

August 30, 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 action is before me on the defendants' motion to amend the order of this court, dated June 18, 1979, to permit an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). In the June 18 order, I denied the defendants' motion for dismissal and granted the plaintiffs' motion for partial summary judgment, holding that the workers' compensation offset provision in the defendants' pension plan violated...

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