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SCHMERTMANN v. INTERNATIONAL PAINTERS AND ALLIED INDUSTRY

No. 03-CV-3081.

354 F.Supp.2d 830 (2005)

Donald SCHMERTMANN, Plaintiff, v. INTERNATIONAL PAINTERS AND ALLIED INDUSTRY PENSION FUND; Gary J. Meyers as Fund Administrator of the International Painters and Allied Industry Pension Fund; and Local 90 International Brotherhood of Painters and Allied Trades, Defendants.

United States District Court, CD. Illinois, Springfield Division.

January 26, 2005.

Attorney(s) appearing for the Case

Dale A. Schempp, Springfield, IL, for Plaintiff.

Jennifer B. Liebmann, Jennings Sigmond, PC, Philadelphia, PA, Lisa Williams, Robert B. Greenberg, Stephen Feinberg, Asher, Gittler, Greenfield & D'Alba, Ltd., Chicago, IL, for Defendants.

OPINION

RICHARD MILLS, District Judge.

Cross motions for summary judgment.

I. FACTS

Plaintiff Donald Schmertmann ("Schmertmann") was a Union Painter with Defendant Local No. 90, Springfield, Illinois from 1958 to his retirement in 2000. Schmertmann participated in the Illinois State Painter's Pension Plan. The Illinois Plan merged with the International Painter's and Allied Trades Industry Pension Fund ("the Fund") in 1980. Schmertmann...

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