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MORGAN v. JOINT ADMIN. BD.

No. 00-3859.

268 F.3d 456 (2001)

Hattie M. MORGAN, et al., Plaintiffs-Appellants, v. JOINT ADMINISTRATION BOARD, RETIREMENT PLAN OF THE PILLSBURY COMPANY AND AMERICAN FEDERATION OF GRAIN MILLERS, AFL-CIO-CLC, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 11, 2001.

Rehearing and Rehearing En Banc Denied November 29, 2001.

Attorney(s) appearing for the Case

Herbert L. Segal, Everett C. Hoffman (argued), Segal, Stewart, Cutler, Lindsay, Janes & Berry, Louisville, KY, for Plaintiffs-Appellants.

Dana S. Connell (argued), Littler Mendelson, Chicago, IL, for Defendant-Appellee.

Before: FLAUM, Chief Judge, and POSNER and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.

The plaintiffs appeal from the dismissal for failure to state a claim of their suit under the Americans with Disabilities Act against the administrator of a retirement plan negotiated between their former employer and their union. The plan provides separately for employees who retire upon reaching age 55 or 65 ("early" and "normal" retirees, respectively) and for those including the plaintiffs who retire early because they have become totally...

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