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CHAO v. FLEMING

No. 4:06-CV-117.

498 F.Supp.2d 1034 (2007)

Elaine L. CHAO, Secretary of Labor, United States Department of Labor, Plaintiff, v. M. Jack FLEMING and Carol Fleming, individually and as trustees of the Merchants Publishing Co., Inc. 401(k) Profit Sharing Plan, and Merchants Publishing Co., Inc., d/b/a Universal Litho, and the Merchants Publishing Co., Inc. 401(k) Profit Sharing Plan, Defendants.

United States District Court, W.D. Michigan, Southern Division.

July 6, 2007.

Attorney(s) appearing for the Case

Maureen M. Cafferkey, U.S. Department of Labor, Office of the Solicitor, Cleveland, OH, W. Francesca Ferguson, U.S. Attorney, Grand Rapids, MI, for Plaintiff.

Dwight K. Hamilton, James S. Brady, Miller, Johnson, Snell & Cummiskey PLC, Grand Rapids, MI, for Defendants.

OPINION

QUIST, District Judge.

In this action, Plaintiff, Elaine L. Chao, the Secretary of Labor ("Secretary"), has sued Defendants, M. Jack Fleming and Carol Fleming, individually and as trustees of the Merchants Publishing Co., Inc. 401(k) Profit Sharing Plan (the "Plan"), Merchants Publishing Co., Inc. ("MPC") d/b/a Universal Litho, and the Merchants Publishing Co., Inc. 401(k) Profit Sharing Plan, alleging that they have violated various sections...

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