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ROEBKE v. NEWELL CO.

No. 92-2516.

177 Wis.2d 624 (1993)

503 N.W.2d 295

Marcia ROEBKE, Special Administrator of the Estate of Lillian A. Streckert, Deceased, Plaintiff-Appellant, v. NEWELL COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 9, 1993.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Lutz, Burnett, McDermott & Jahn of Chilton.

On behalf of the defendant-respondent, the cause was submitted on the brief of Lisa Stephens Neubauer and Laura A. Brenner of Foley & Lardner of Milwaukee.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

SNYDER, J.

Marcia Roebke appeals from a judgment and an order denying her claim for pension benefits as a beneficiary under her deceased mother's employee benefit plan with Newell Company. Roebke contends that she is entitled to survivorship pension benefits, despite her mother's election to the contrary, because Newell breached its fiduciary duty under the Employment Retirement Income Securities Act (ERISA)1 by failing to instruct and...

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