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HUPPELER v. OSCAR MAYER FOODS CORP.

No. 93-3765.

32 F.3d 245 (1994)

Robert A. HUPPELER, Edwin C. Magli and Ellwood Sandmire, Plaintiffs-Appellants, v. OSCAR MAYER FOODS CORPORATION, Plan Administrator, and Pension Plan No. 1, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 1994.

Rehearing and Suggestion for Rehearing Denied October 4, 1994.

Attorney(s) appearing for the Case

John C. Talis (argued), Richard V. Graylow, Lawton & Cates, Madison, WI, for Robert A. Huppeler, Edwin C. Magli and Ellwood Sandmire.

Donald K. Schott (argued), Erica M. Eisinger, Dana O'Brien, Quarles & Brady, Madison, WI, for Oscar Mayer Foods Corp. and Pension Plan No. 1.

Before CUDAHY, KANNE and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 4, 1994.

CUDAHY, Circuit Judge.

Robert Huppeler began working for Oscar Mayer in its Madison, Wisconsin plant in 1964. His job required that he run (and work alongside) noisy machinery used in meat processing. After working for Oscar Mayer for more than twenty-five years, Huppeler's doctors told him in 1990 that he had suffered a 21.1 percent permanent partial...

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