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MATZ v. HOUSEHOLD INTERN. TAX REDUC. INVEST. PLAN

No. 03-4344, 03-4345.

388 F.3d 570 (2004)

Robert J. MATZ, individually and on behalf of all others similarly situated, Plaintiff-Appellee, Cross-Appellant, v. HOUSEHOLD INTERNATIONAL TAX REDUCTION INVESTMENT PLAN, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 5, 2004.

Attorney(s) appearing for the Case

Joseph A. Morris (argued), Morris, Rathnau & Delarosa, Chicago, IL, Noel P. Goudreau, Kubasiak, Cremieux, Fylstra, Reizen & Rotunno, Chicago, IL, for Plaintiff-Appellee/Cross-Appellant.

Deborah C. Saxe (argued), Heller, Ehrman, White & McAuliffe, Los Angeles, CA, Luke Degrand, Degrand & Associates, Chicago, IL, for Defendant-Appellant/Cross-Appellee.

Before POSNER, RIPPLE, and WOOD, Circuit Judges.

POSNER, Circuit Judge.

The district judge, in this suit by participants in an ERISA pension plan, has asked us, and we have agreed, to entertain an interlocutory appeal from a ruling in which she answered in favor of the plaintiffs a potentially controlling question of law that had arisen in the course of the litigation. 28 U.S.C. § 1292(b). (The plaintiffs have cross-appealed, but since they are defending rather than attacking the judge's ruling, the cross-appeal...

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