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RUSSO v. HEALTH, WELFARE & PENSION FUND

No. 91-3794.

984 F.2d 762 (1993)

Nick RUSSO, Plaintiff-Appellant, v. HEALTH, WELFARE & PENSION FUND, LOCAL 705, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 12, 1993.

Attorney(s) appearing for the Case

Donald L. Bertelle (argued), Chicago, IL, for plaintiff-appellant.

Sherman Carmell (argued), Carmell, Charone, Widmer, Mathews & Moss, Chicago, IL, for defendant-appellee.

Before CUDAHY, RIPPLE and KANNE, Circuit Judges.

KANNE, Circuit Judge.

This case involves a dispute over retirement benefits. The plaintiff, Nick Russo, was a Teamster who had participated in the Union Local 705 Pension Fund ("the Fund") from its inception. In October 1981, a back injury disabled Mr. Russo and he has never been able to work again. Mr. Russo has received disability benefits from the Fund since 1983; however, this dispute arose because the Fund refused to increase his benefit level pursuant to his...

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