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ERVEN v. BLANDIN PAPER CO.

No. 05-1695.

473 F.3d 903 (2007)

Randy ERVEN, et al., Plaintiffs-Appellants, v. BLANDIN PAPER COMPANY, a Minnesota corporation; Blandin Paper Company Employees' Retirement Plan, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 22, 2007.

Attorney(s) appearing for the Case

Timothy W. Andrew, argued, Thomas Andrew, Brown & Andrew, Duluth, MN, for appellants.

Michael T. Graham, argued, Stephen David Erf, McDermott & Will, Chicago, IL, Marko J. Mrkonich, Littler & Mendelson, Minneapolis, MN, for appellees.

Before RILEY, JOHN R. GIBSON, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Several participants in the Blandin Paper Company Employees' Retirement Plan ("the Plan") sued Blandin Paper Company and the Plan for improperly calculating lump sum benefits in violation of ERISA. 29 U.S.C. § 1132(a)(1)(B). The parties filed cross-motions for summary judgment, and the district court granted summary judgment in favor of Blandin and the Plan. The participants appeal, and we affirm in part and reverse in part.

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