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GALLAGHER CORP. v. MASSACHUSETTS MUT. LIFE INS. CO.

No. 95 C 6553.

940 F.Supp. 176 (1996)

GALLAGHER CORPORATION, an Illinois corporation, individually and in its capacity as sponsor of the Gallagher Corporation Employee Defined Benefit Pension Plan, Plaintiff, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a corporation, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

August 9, 1996.

Attorney(s) appearing for the Case

Edmund M. Tobin, Edward J. Whalen, Hedberg, Tobin, Flaherty & Whalen, P.C., Chicago, IL, for Gallagher Corporation.

J. Robert Geiman, David Joseph Novotny, Peterson & Ross, Chicago, IL, for Massachusetts Mutual Life Insurance Company.

MEMORANDUM AND ORDER

MORAN, Senior District Judge.

Plaintiff Gallagher Corporation (Gallagher) brought this seven-count lawsuit against defendant Massachusetts Mutual Life Insurance Co. (Mass Mutual) alleging in count I that defendant breached its fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. §§ 1001 et seq. Counts II through VI deny Mass Mutual's status as a fiduciary and assert various...

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