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BRANDT v. GROUNDS

No. 81-1100.

687 F.2d 895 (1982)

Kenneth BRANDT, Glenn McHenry, Henry Reitz, Trustees of the Smithco Fabricators, Inc. Profit Sharing Plan & Trust, Plaintiffs-Appellants, v. Edward GROUNDS and The Mount Prospect State Bank, an Illinois Banking Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 6, 1982.

Attorney(s) appearing for the Case

Sigi Offenbach, Leoris & Cohen, Chicago, Ill., for plaintiffs-appellants.

Harry D. Lavery, Berger, Newmark & Fenchel, Chicago, Ill., for defendants-appellees.

Before CUMMINGS, Chief Judge, and CUDAHY, Circuit Judge, and CAMPBELL, Senior District Judge.

WILLIAM J. CAMPBELL, Senior District Judge.

This is an appeal from two orders of the District Court. The first order dismissed Count III of the second amended complaint for failure to state a claim under the Employee Retirement Income Security Act (hereafter "the Act" or "ERISA"), 29 U.S.C. § 1001 et seq. The second order denied plaintiffs' Motion for Leave to Amend Count III. The plaintiffs, the Trustees of the...

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