EATON v. ONAN CORP.

No. IP 97-0814-C-H/G.

117 F.Supp.2d 812 (2000)

James EATON and Steve Seidlitz, on behalf of themselves and all others similarly situated, Plaintiffs, v. ONAN CORPORATION, The Pension Policy Committee of Cummins Engine Company, Inc., Onan Pension Plan, and Onan Profit Sharing Plan, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

September 29, 2000.


Attorney(s) appearing for the Case

William C. Barnard, Sommer & Barnard, Indianapolis, IN.

William K. Carr, Denver, CO.

Robert F. Hill, Hill & Robbins, Denver, CO.

Arthur P. Kalleres & Marc Sciscoe, Ice Miller, Indianapolis, IN.


ENTRY ON MOTIONS FOR SUMMARY JUDGMENT

HAMILTON, District Judge.

Like many employers in recent years, defendant Onan Corporation converted its defined benefit retirement plan to a design known as a "cash balance" design. In this case, Onan employees and retirees have raised a claim of age discrimination that could result in a finding that cash balance plans are essentially per se illegal. The question...

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