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LUNN v. MONTGOMERY WARD & CO., INC.

No. 98-1765.

166 F.3d 880 (1999)

Gordon LUNN, Plaintiff-Appellant, v. MONTGOMERY WARD & COMPANY, INCORPORATED, Retirement Security Plan, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 26, 1999.

Rehearing Denied March 4, 1999.

Attorney(s) appearing for the Case

Charles R. Watkins (argued), Susman, Buehler & Watkins, Chicago, IL, Alan C. Engerman, Northbrook, IL, for Plaintiff-Appellant.

Roger B. Harris (argued), Altheimer & Gray, Chicago, IL, for Defendant-Appellee.

Before POSNER, Chief Judge, and RIPPLE and EVANS, Circuit Judges.

POSNER, Chief Judge.

The plaintiff, Gordon Lunn, retired from Montgomery Ward in 1992 at age 69, four years past the normal retirement age. He seeks additional retirement benefits, claiming that in computing his pension the defendant both violated the terms of the pension plan and violated a provision of ERISA designed to prevent companies from penalizing employees who work past the normal retirement age. Lunn purports to be suing on behalf of a class of similarly...

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