HEALY v. AXELROD CONST. CO. PENSION PLAN & TRUST

No. 91 C 4969.

787 F.Supp. 838 (1992)

William P. HEALY, Plaintiff, v. AXELROD CONSTRUCTION COMPANY DEFINED BENEFIT PENSION PLAN AND TRUST, an employee benefit plan, Axelrod Construction Company, an Illinois corporation, Estate of Victor Axelrod and Irwin Axelrod, individually, Defendants.

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

March 24, 1992.


Attorney(s) appearing for the Case

Lee Thomas Polk, Lauralyn G. Bengel, Murphy, Smith & Polk, Chicago, Ill., for plaintiff.

Robert J. Dargis, Thomas G. Oddo, Marks, Marks & Kaplan, Chicago, Ill., for defendants.


ORDER

NORGLE, District Judge.

Before the court is the defendants' motion to dismiss. For the reasons set forth below, the motion is denied.

FACTS

Plaintiff William P. Healy ("Healy") brought this action under Section 502 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132, seeking declaratory and other equitable relief. In a four count complaint, Healy claims he is entitled to benefits in excess of $150,000 from...

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