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SUMMERS v. U.S. TOBACCO CO.

No. 1-89-3098.

574 N.E.2d 206 (1991)

214 Ill. App.3d 878

158 Ill.Dec. 412

Ruby SUMMERS, Administrator of the Estate of James Summers, Deceased, Plaintiff-Appellant, v. UNITED STATES TOBACCO COMPANY and Aetna Life & Casualty Company, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

May 28, 1991.

Attorney(s) appearing for the Case

James J. McGraw, Anna Marek, Hanover Park, for plaintiff-appellant.

Glass, Hill, Dallmeyer & Roth, Ltd., Northbrook (Michael M. Roth, of counsel), for U.S. Tobacco Co.

Tribler & Orpett, P.C., Chicago (D.J. Sartorio, Philip R. King, of counsel), for Aetna Life & Cas. Co.

Justice BUCKLEY delivered the opinion of the court:

Ruby Summers, as administrator of the estate of James Summers, deceased (plaintiff), filed a two-count complaint against defendants United States Tobacco Company (U.S. Tobacco) and Aetna Life & Casualty Company (Aetna) alleging that the termination of decedent's employment and health benefits were in violation of: (1) The Employment Retirement Investment Security Act of 1974 (ERISA) (29 U.S.C. § 1001

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