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BERGER v. AXA NETWORK LLC

No. 05-2495.

459 F.3d 804 (2006)

Terrance BERGER and Donald Laxton, Plaintiffs-Appellants, v. AXA NETWORK LLC and Equitable Life Assurance Society of the United States, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 2006.

Attorney(s) appearing for the Case

Joshua N. Rose (argued), Rose & Rose, Washington, DC, for Plaintiffs-Appellants.

Nancy G. Ross (argued), McDermott, Will & Emery, Chicago, IL, for Defendants-Appellees.

Before BAUER, RIPPLE and WILLIAMS, Circuit Judges.

RIPPLE, Circuit Judge.

Section 510 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1140, prevents employers from altering their workers' employment status for the purpose of interfering with rights under an ERISA-qualified benefit plan. The named plaintiffs in this class action, two insurance salesmen, have invoked § 510 against their employers, AXA Network LLC and the Equitable Life Assurance Society of the United States (collectively...

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