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NEWTON v. VAN OTTERLOO

No. S89-610.

756 F.Supp. 1121 (1991)

Robert B. NEWTON, et al., Plaintiffs, v. John N. VAN OTTERLOO, et al., Defendants.

United States District Court, N.D. Indiana, South Bend Division.

January 11, 1991.

Attorney(s) appearing for the Case

Ian D. Lanoff, Jeffrey Freund, John M. West, Washington, D.C., Allan J. Mindel, Merrillville, Ind., for plaintiffs.

Timothy W. Woods, South Bend, Ind., for defendants John K. Van Otterloo, James A. Carr, Maurice Gallaher, Kenneth P. Fedder, Gary C. Belting, Gerald F. Vogel, Arlene L. Heim, South Bend Lathe, Inc., South Bend Lathe, Inc. Employee Stock Ownership Plan and Donald E. Neuerburg.

James H. Ham, III, Douglas D. Powers, Fort Wayne, Ind., John Purcell, Indianapolis, Ind., for defendant First Source Bank.

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause is before the court on three motions for summary judgment pursuant to Fed.R.Civ.P. 56. All parties appear to agree that no genuine issue of material fact exists in this unusual case under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq., and the court has identified no material fact issues. It remains to determine which parties are entitled to judgment...

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