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MARTINEZ v. SWIFT & CO.

No. 80-2853.

656 F.2d 262 (1981)

Lelia MARTINEZ, Plaintiff-Appellant, v. SWIFT & COMPANY and Esmark, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 6, 1981.

Attorney(s) appearing for the Case

Eva W. Tameling, Tameling & Associates, Hinsdale, Ill., for plaintiff-appellant.

Charles B. Wolf, Vedder, Price, Kaufman & Kammholz, Chicago, Ill., for defendants-appellees.

Before FAIRCHILD and CUDAHY, Circuit Judges, and GRANT, Senior District Judge.

GRANT, Senior District Judge.

On April 2, 1980, plaintiff-appellant Lelia Martinez filed a two-count complaint against defendants-appellees Esmark, Inc. and Swift & Company (Swift). Count I alleged breach of a pension contract by the appellees while Count II alleged misrepresentation. The district court granted the appellees' motion for summary judgment based upon the decision of Swift's Pension Board which had concluded that Martinez' husband was not entitled...

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