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BERGER v. NAZAMETZ

No. 00-CV-0584-DRH.

157 F.Supp.2d 998 (2001)

David BERGER and Gerry Tsupros, on behalf of themselves and others similarly situated, Plaintiffs, v. Patricia M. NAZAMETZ and Xerox Corporation Retirement Income Guarantee Plan, Defendants.

United States District Court, S.D. Illinois.

July 27, 2001.

Attorney(s) appearing for the Case

Steven A. Katz, Douglas R. Sprong, Carr, Korein, Swansea, IL, William K. Carr, Law Offices of William K. Carr, Denver, CO, for Plaintiffs.

Richard J. Pautler, Lewis R. Mills, Thompson & Coburn, St. Louis, MO, for Defendants.

MEMORANDUM AND ORDER

HERNDON, District Judge.

I. Introduction

David Berger filed suit in this Court against the Xerox Corporation Retirement Income Guarantee Plan ("RIGP") and Patricia Nazametz, as the administrators of an employee benefit plan under ERISA. Berger seeks equitable relief, including restitution, for the Plan's alleged violation of ERISA and the Internal Revenue Code and for the alleged implementation of...

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