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FLETCHER v. KROGER CO.

No. 90-2645.

942 F.2d 1137 (1991)

Howard FLETCHER, William Marshall and Fred Ray, et al., Plaintiffs-Appellants, v. The KROGER CO., an Ohio corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 3, 1991.

Attorney(s) appearing for the Case

Roger L. Vetter (argued), John Vassen, Vassen & Vetter, Belleville, Ill., for plaintiffs-appellants.

John Gunn, Walker & Williams, Belleville, Ill., K. Peter Schmidt (argued), L. Hope O'Keeffe, Arnold & Porter, Washington, D.C., for defendant-appellee.

Before POSNER, FLAUM and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

The plaintiffs, a class of employees discharged by The Kroger Company (Kroger), brought a suit alleging that Kroger violated several ERISA provisions by administering selectively its Special Retirement Benefits Plan. The district court granted Kroger's motion for summary judgment. For the following reasons, we affirm the judgment of the district court.

I

BACKGROUND

A. Facts

The plaintiffs in this...

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