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STEARNS v. NCR CORP.

No. CIV.98-2384 (JRT/FLN).

97 F.Supp.2d 954 (2000)

Donald W. STEARNS, on behalf of himself and all others similarly situated, Plaintiffs, v. NCR CORPORATION and NCR Pre-65 Retiree Health Care Plan, Defendants.

United States District Court, D. Minnesota.

May 17, 2000.

Attorney(s) appearing for the Case

Wood R. Foster, Jr. and Jordan M. Lewis, Siegel, Brill, Greupner, Duffy & Foster, Minneapolis, MN, for plaintiffs.

Scott T. Baken, Jackson, Lewis, Schnitzler & Krupman, New York City, for defendants.

MEMORANDUM OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

TUNHEIM, District Judge.

This is a class-action lawsuit brought by former employees of defendant NCR Corporation ("NCR") under the Employee Retirement Income Security Act of 1974 (codified as amended at 29 U.S.C. §§ 1001-1461 (1994 & Supp. Ill.1997) and in scattered sections of Title 26 U.S.C.) ("ERISA"), to restore retirement benefits under an early retirement program offered...

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