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FENSTER v. TEPFER & SPITZ, LTD.

Nos. 00-1085, 00-3674, 00-3037, 00-3673, 00-3991.

301 F.3d 851 (2002)

Frederic A. FENSTER and Nolan S. Frank, Plaintiffs-Appellants, v. TEPFER & SPITZ, LTD., Ronald O. Spitz, Dawn C. Magliola, and Tepfer & Spitz, Ltd. 401(k) Profit Sharing Plan and Trust, et al., Defendants-Appellees. Ronald O. Spitz, as a Trustee of the Tepfer & Spitz, Ltd. 401(k) Profit Sharing Plan & Trust, Plaintiff-Appellee, v. Arthur H. Tepfer, Frederic A. Fenster, and Nolan S. Frank, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 30, 2002.

Attorney(s) appearing for the Case

Robert R. Tepper (argued), Chicago, IL, for Plaintiffs-Appellants in 00-1085, 00-3674.

David A. Belofsky (argued), Belofsky & Belofsky, Chicago, IL, for Defendants-Appellees in 00-1085, 00-3674.

David A. Belofsky, Belofsky & Belofsky, Chicago, IL, for Plaintiff-Appellee in 00-3037, 00-3673 and 00-3991.

Robert R. Tepper, Chicago, IL, for Defendant-Appellant in 00-3037, 00-3673 and 00-3991.

Before FLAUM, Chief Judge, MANION, and DIANE P. WOOD, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

This is the second time this court has had to consider the fractious battle between two former business partners over their firm's pension plan. Once again, Ronald Spitz, the owner of a consulting firm and trustee of a 401(k) plan, is before this court in an Employee Retirement Income Security Act (ERISA) action against his former co-owner, Arthur Tepfer, and two of the firm's employees, Frederic Fenster and Nolan Frank. The district...

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