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ALBEDYLL v. WISCONSIN PORCELAIN CO. REV. RET. PLAN

Nos. 89-3067, 89-3453 and 89-3622.

947 F.2d 246 (1991)

Darrell ALBEDYLL, Jane Albedyll, Rachel Albedyll, Michael Andreas, Ronald Ary, Judy Bakken, Orville Becker, Helen Bishofberger, Russell Brill, and Antoinette Bronner, et al., Plaintiffs-Appellees, v. WISCONSIN PORCELAIN COMPANY REVISED RETIREMENT PLAN, Wisconsin Porcelain Company, a Missouri General Partnership, Donald W. Bussmann, Joseph J. McCabe, and James F. Bussmann, as Trustees of the Plan and in their individual capacities, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 22, 1991.

Attorney(s) appearing for the Case

John D. Varda, Jon P. Axelrod, William D. Mollway, John H. Lederer (argued), Dewitt, Porter, Huggett, Schumacher & Morgan, Madison, Wis., for plaintiffs-appellees.

Richard M. Burnham, Earl H. Munson, LaFollette & Sinykin, Madison, Wis., Willis J. Goldsmith (argued), Patricia A. Dunn, Laurie W. Finneran, Jones, Day, Reavis & Pogue, Washington, D.C., for defendants-appellants.

Before BAUER, Chief Judge, CUDAHY and RIPPLE, Circuit Judges.

CUDAHY, Circuit Judge.

In 1976 the "active partners" of Wisconsin Porcelain Company — six of the more than twenty-member partnership — amended the company's pension plan to provide, among other things, for reversion of surplus plan assets to the partnership if the plan were terminated. In 1988 the four "managing partners" terminated the plan as part of their duties in winding up the partnership's affairs. Once the participants and beneficiaries had been...

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