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BUCHNER v. BUCHNER BROS. PLUMBING AND HEATING CO.

No. 88-C-471-S.

699 F.Supp. 1371 (1988)

Irma BUCHNER, Plaintiff, v. BUCHNER BROTHERS PLUMBING AND HEATING COMPANY, a Partnership, Sponsor of the Buchner Brothers Self-Employed Retirement Plan, Buchner Brothers Self-Employed Retirement Plan, and William R. Buchner as Trustee and Plan administrator of the Buchner Brothers Self-Employed Retirement Plan, Defendants.

United States District Court, W.D. Wisconsin.

November 17, 1988.

Attorney(s) appearing for the Case

Patricia M. Heim, Parke, O'Flaherty, Ablan & Heim, La Crosse, Wis., for plaintiff.

William J. Sauer, Sauer, Becker, Flanagan & Lynch, La Crosse, Wis., for defendants.

MEMORANDUM AND ORDER

SHABAZ, District Judge.

Before the Court are the motions of plaintiff and defendants for summary judgment in this action arising under the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. Jurisdiction is asserted pursuant to 29 U.S. C. § 1132(e)(1).

Plaintiff alleges three counts of breach of fiduciary duty and denial of benefits under ERISA, 29 U.S.C. §§ 1109 and...

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