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SAV. & PROFIT SHARING FUND OF SEARS EMP. v. GAGO

No. 82-1880.

717 F.2d 1038 (1983)

SAVINGS AND PROFIT SHARING FUND OF SEARS EMPLOYEES, et al., Plaintiffs, v. Rudolph G. GAGO, Defendant-Appellant, and Elizabeth J. Kassa, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 31, 1983.

As Amended September 21, 1983.

Attorney(s) appearing for the Case

David L. Walther, Walther & Halling, Milwaukee, Wis., for defendant-appellant.

David C. Rice, Wis. Dept. of Justice, Madison, Wis., for defendants-appellees.

Before CUDAHY and ESCHBACH, Circuit Judges, and KELLAM, Senior District Judge.

CUDAHY, Circuit Judge.

Appellant Rudolph Gago appeals from the district court's refusal to enjoin a Wisconsin state court order directing Gago's Retirement Fund to pay his former spouse a portion of Gago's retirement monies.1 The district court held that the state court order was not preempted by or in conflict with the Employee Retirement Income Security Act of 1974 ("ERISA"). We affirm.

I. Factual Background

A judgment...

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