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SCHMIDT v. SHEET METAL WORKERS' NAT. PENSION FUND

Nos. 96-3144 & 96-3254.

128 F.3d 541 (1997)

Richard A. SCHMIDT, Plaintiff-Appellant/Cross-Appellee, v. SHEET METAL WORKERS' NATIONAL PENSION FUND and Sheet Metal Workers' National Pension Fund Board of Trustees, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 17, 1997.

Rehearing Denied November 12, 1997.

Attorney(s) appearing for the Case

James Schernecker (argued), Anne Applegate-Scott, Action Law, Madison, WI, for Plaintiff-Appellant.

Naomi E. Soldon (argued), Previant, Goldberg, Uelmen, Gratz, Miller & Bruegeman, Milwaukee, WI, for Defendants-Appellees.

Bernard O. Westler, Naomi E. Soldon (argued), Previant, Goldberg, Uelmen, Gratz, Miller & Bruegeman, Milwaukee, WI, for Defendants-Appellants.

Before BAUER, WOOD, Jr., and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Richard A. Schmidt ("Richard") initiated this ERISA action against the Sheet Metal Workers' National Pension Fund ("NPF" or "Fund") and its Board of Trustees ("Trustees") to recover the portion of his father's death benefit that the Fund disbursed to Richard's sister. Although Richard's father failed to designate a beneficiary for his death benefit, Richard contends that his father intended...

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