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HUNT v. MAGNELL

Civ. No. 3-89-756.

758 F.Supp. 1292 (1991)

Thomas HUNT, Gary Heist, Roger Harris, and Bernard Gruenke, in their capacity as participants in the Continental Machines, Inc. Employees' Trust, individually and on behalf of the Continental Machines, Inc. Employees' Trust, Plaintiffs, v. Steffen I. MAGNELL, individually and in his capacity as Trustee of the Continental Machines, Inc. Employees' Trust, and in his capacity as the administrator of the estate of Ernest L. Drew, and Stephen R. Weldon, individually and in his capacity as Trustee of the Continental Machines, Inc. Employees' Trust, Defendants.

United States District Court, D. Minnesota, Third Division.

March 8, 1991.

Attorney(s) appearing for the Case

Carol T. Rieger, Jonathan M. Bye and Luke H. Terhaar, Lindquist & Vennum, Minneapolis, Minn., for plaintiffs.

Denise L. Yegge and Seymour J. Mansfield, Mansfield & Tanick, Minneapolis, Minn., for defendant Steffen I. Magnell.

Karla R. Wahl, Minneapolis, Minn., for defendant Stephen R. Weldon.

ORDER

DEVITT, District Judge.

Introduction

This action based upon the Employee Retirement Income Security Act ("ERISA") is before the court for the consideration of various motions brought by all parties. Plaintiffs move for partial summary judgment and ask the court to strike certain affidavits filed by defendants. Defendants move for the dismissal of certain counts of plaintiff's complaint and for summary judgment on other counts.

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