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SWABACK v. AMERICAN INFORMATION TECHNOLOGIES CORP.

No. 96-1183.

103 F.3d 535 (1996)

Gail SWABACK, individually and on behalf of the estate of David Swaback, deceased, Plaintiff-Appellant, v. AMERICAN INFORMATION TECHNOLOGIES CORPORATION, Illinois Bell Company, Ameritech Employees Benefit Committee, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 20, 1996.

Attorney(s) appearing for the Case

H. Candace Gorman, argued, Chicago, IL, for Gail Swaback.

Arthur B. Smith, Jr., argued, Murphy, Smith & Polk, Chicago, IL, Paul K. Whitsitt, Ameritech Services, Inc., Hoffman Estates, IL, for American Information Technologies Corp., Illinois Bell Telephone Co., Ameritech Employees Benefit Committee, Illinois Bell Benefit Committee.

Suzanne Windle, Karen L. Handorf, Robin Springberg Parry, argued, Dept. of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae Robert B. Reich.

Steven S. Zaleznick, Mary E. Signorille, Stephen M. Koslow, American Ass'n of Retired Persons, Washington, DC, for Amicus Curiae American Ass'n of Retired Persons.

Jeffrey Lewis, Sigman, Lewis & Feinberg, Oakland, CA, for Amicus Curiae Nat. Employment Lawyers Ass'n.

Before RIPPLE, DIANE P. WOOD and EVANS, Circuit Judges.

RIPPLE, Circuit Judge.

From June 20, 1960, until his death from pancreatic cancer on June 14, 1991, David Swaback was an employee of Illinois Bell and was a participant in the Ameritech Management Pension Plan ("AMPP"). The AMPP provides a procedure by which a participant who has a vested pension with a present value of greater than $3,500 can elect a lump sum payout of that pension upon retirement. The plan requires participants to elect this option, in writing,...

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