FEIGL v. ECOLAB, INC.

No. 03 C 2290.

280 F.Supp.2d 846 (2003)

John FEIGL, Don Bermudez, John Corcoran, Anthony Favero, John Gura, Lavern Hamende, Donna Johnson, Dow Johnson, Patrick Magee, Donald Pantol, Charles Schmidt, Martin Swart, Jesse Tagle, Robert Tait, and Robert Wierdar, Plaintiffs, v. ECOLAB, INC., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

September 9, 2003.


Attorney(s) appearing for the Case

William Peter McGowen, III, McGowen & McGowen, P.C., Wheaton, IL, for John Feigl, Don Bermudez, John Corcoran, Anthony Favero, John Gura, Lavern Hamende, Donna Johnson, Dow Johnson, Patrick Magee, Donald Pantol, Charles Schmidt, Martin Swart, Jesse Tagle, Robert Tait, Robert Wierdar, plaintiffs.

Peter R. Bulmer, Christine Patricia Shields, Jackson Lewis LLP, Chicago, IL, for Ecolab Inc, defendant.


OPINION AND ORDER

NORGLE, District Judge.

Before the court is Defendant's Motion to Dismiss Plaintiffs' Complaint brought pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, Defendant's motion is granted.

I. INTRODUCTION

Plaintiffs are current employees of Ecolab, Inc. ("Ecolab") who were over the age of 40 but under the age of 50 as of March 1, 2002. Prior to March 1, 2002, Ecolab's Post-Retirement Benefit...

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