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PEORIA UNION STOCK YARDS CO. v. PENN MUT. LIFE INS.

No. 82-1720.

698 F.2d 320 (1983)

The PEORIA UNION STOCK YARDS COMPANY RETIREMENT PLAN, et al., Plaintiffs-Appellants, v. The PENN MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 20, 1983.

Opinion on Denial of Rehearing April 4, 1983.

Attorney(s) appearing for the Case

Edward F. Sutkowski, Sutkowski & Washkuhn Assoc., Peoria, Ill., for plaintiffs-appellants.

Roger E. Holzgrafe, Westervelt, Johnson, Nicoll & Keller, Peoria, Ill., Lawrence J. Latto, Benjamin W. Boley, Shea & Gardner, Washington, D.C., for defendant-appellee.

Before PELL and POSNER, Circuit Judges, and BONSAL, Senior District Judge.

POSNER, Circuit Judge.

This appeal brings up to us a variety of questions relating to the regulation of pension plans — in particular whether an insurance company that sells a "group deposit administration annuity contract" to pension trustees is subject to the anti-fraud provisions of the federal securities laws and to the fiduciary obligations imposed by ERISA, the federal law regulating pensions.

The plaintiffs are the pension plan set up by the...

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