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IN RE ALLSTATE INS. CO.

No. 04-8022.

400 F.3d 505 (2005)

In re: ALLSTATE INSURANCE COMPANY; Agent Transition Severance Plan, Petitioners.

United States Court of Appeals, Seventh Circuit.

Decided March 8, 2005.

Attorney(s) appearing for the Case

Donna M. Welch (submitted), Kirkland & Ellis, Chicago, IL, for Petitioners.

Lawrence Walner, Walner & Associates, Chicago, IL, for Respondents.

Before POSNER, RIPPLE, and SYKES, Circuit Judges.

POSNER, Circuit Judge.

Allstate petitions us under Fed.R.Civ.P. 23(f) for leave to appeal the district court's decision to certify under Rule 23(b)(2) a class of plaintiffs who allege that Allstate constructively discharged them in order to deprive them of benefits to which ERISA entitled them. We grant the petition (and proceed to decide the merits) because it presents a novel and important issue: whether certification under Rule 23(b)(2) is proper when, though injunctive...

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