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ROMBACH v. NESTLE USA, INC.

Docket No. 99-7675

211 F.3d 190 (2000)

Louise ROMBACH, Plaintiff-Appellant, v. NESTLE USA, INC. and Nestle Hourly Employee Retirement Plan, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 28, 2000

Attorney(s) appearing for the Case

Stefan D. Berg, Syracuse, NY, for Plaintiff-Appellant.

Robert E. Rigrish, Ford & Harrison LLP, Atlanta, GA, for Defendants-Appellees.

Before: KEARSE, WALKER, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

In 1980, Louise Rombach began working for Nestle USA, Inc. at the Nestle Chocolate and Confections plant in Fulton, New York. On June 8, 1993, when she was 33, Rombach left work because of a back injury. She was later placed on medical leave. In March 1995, Rombach applied for a "disability retirement pension" from the Nestle Hourly Retirement Pension Plan ("Pension Plan").1 Nestle honored Rombach's request and...

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