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SECRETARY OF LABOR v. FITZSIMMONS

Nos. 84-2827, 84-2863 and 84-2864.

805 F.2d 682 (1986)

SECRETARY OF LABOR, Plaintiff-Appellant, v. Frank E. FITZSIMMONS, et al., Defendants-Appellees. David DUTCHAK, et al., Plaintiffs-Appellees, and Secretary of Labor, Intervening Plaintiff-Appellant, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, etc., et al., Defendants-Appellees. Chester SULLIVAN, et al., Plaintiffs-Appellees, and Secretary of Labor, Intervening Plaintiff-Appellant, v. ESTATE OF Frank E. FITZSIMMONS, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 1986.

As Amended December 22, 1986.

Attorney(s) appearing for the Case

Steven J. Mandel, U.S. Dept. of Labor, Washington, D.C., (Allen H. Feldman, on brief), for plaintiff-appellant.

Robert J. Higgins, Dickstein, Shapiro & Morin, Washington, D.C., Edmund W. Kitch, School of Law, Univ. of Virginia, Charlottesville, Va., for defendants-appellees.

Before BAUER, Chief Judge, CUMMINGS, CUDAHY, POSNER, COFFEY, EASTERBROOK and RIPPLE, Circuit Judges.

COFFEY, Circuit Judge.

In Donovan v. Fitzsimmons, 778 F.2d 298 (7th Cir.1985), a panel of this court affirmed an order of the district court approving the settlement of actions brought by participants in the Central States Southeast and Southwest Areas Pension Fund (CSPF) against the various named defendants alleging that the benefit eligibility rules for pension payments were arbitrary, unreasonably restrictive and further...

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