BERGER v. XEROX RETIREMENT INCOME GUARANTEE PLAN

No. 02-3674.

338 F.3d 755 (2003)

David BERGER and Gerry Tsupros, on behalf of themselves and others similarly situated, Plaintiffs-Appellees, v. XEROX CORPORATION RETIREMENT INCOME GUARANTEE PLAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 2003.

Rehearing and Rehearing Denied September 15, 2003.


Attorney(s) appearing for the Case

Lee A. Freeman, Jr. (argued), Freeman, Freeman & Salzman, Chicago, IL, for Plaintiff-Appellee.

Richard J. Pautler (argued), Thompson Coburn, St. Louis, MO, for Defendant-Appellant.

Before FLAUM, Chief Judge, and POSNER and KANNE, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 15, 2003.

POSNER, Circuit Judge.

The defendant, an ERISA pension plan, appeals from a judgment of some $300 million in a class action on behalf of plan participants. The plan (in the sense of the pension contract, as distinct from the entity that provides the pensions required by the contract — we use the word in both senses and trust to context to disambiguate) is what is called a "cash balance" plan...

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