HESS v. REG-ELLEN MACHINE TOOL CORP.

No. 04-3408, 04-3415.

423 F.3d 653 (2005)

James HESS & John Hess, Plaintiffs-Appellants, v. REG-ELLEN MACHINE TOOL CORP. and Reg Ellen Machine Tool Corp. Employee Stock Ownership Plan, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 2005.


Attorney(s) appearing for the Case

Michael K. Havrilesko (argued), Belvidere, IL, for Plaintiff-Appellant.

Thomas P. Craig (argued), Robert Fredrickson, Reno, Zahm, Folgate, Lindberg & Powell, Rockford, IL, for Defendant-Appellee.

Before KANNE, ROVNER, and WOOD, Circuit Judges.


ILANA DIAMOND ROVNER, Circuit Judge.

Reg-Ellen Machine Tool Corporation ("Reg-Ellen") administers an Employee Stock Ownership Plan ("ESOP") for its employees that is governed by the Employee Retirement and Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq. Plan participants John and James Hess, brothers and former employees of Reg-Ellen, each brought suit in federal district court against Reg-Ellen and the Reg-Ellen ESOP, claiming that...

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