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LOCKREY v. LEAVITT TUBE EMP. PROFIT SHARING PLAN

No. 88 C 8017.

766 F.Supp. 1510 (1991)

John G. LOCKREY, Plaintiff, v. LEAVITT TUBE EMPLOYEES' PROFIT SHARING PLAN, an employee benefit plan; Leonard Donofrio, Roy Herman, Kenneth Leavitt, William Leavitt, and Leon Meyer, individually and as members of the fiduciary Committee established under the Leavitt Tube Employees' Profit Sharing Plan, Defendants.

United States District Court, N.D. Illinois, E.D.

July 19, 1991.

Attorney(s) appearing for the Case

Lee T. Polk, Kathleen Schwappach, Walter W. Miller, Murphy, Smith & Polk, Chicago, Ill., for plaintiff.

Jeffrey Lennard, Sonnenschein Carlin Nath & Rosenthal, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ROVNER, District Judge.

I. INTRODUCTION

This is an ERISA action brought by plaintiff John G. Lockrey ("Lockrey") to recover additional benefits allegedly due to him pursuant to the Leavitt Tube Employees' Profit Sharing Plan (the "Plan"). Plaintiff's original complaint asserted claims for both breach of fiduciary duty and estoppel. In its Memorandum Opinion and Order of September 14, 1989, the Court dismissed the estoppel...

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