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GILLIS v. SPX CORP. IND. ACC. RETIREMENT PLAN

No. 07-1777.

511 F.3d 58 (2007)

Thomas D. GILLIS, Plaintiff, Appellant, v. SPX CORPORATION INDIVIDUAL ACCOUNT RETIREMENT PLAN and SPX Retirement Administrative Committee, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 19, 2007.

Attorney(s) appearing for the Case

Lawrence P. Murray with whom Evelyn A. Haralampu and Burns & Levison LLP were on brief for appellant.

Paul M. Smith with whom Ross B. Bricker, Andrew A. Jacobson, Andrew W. Vail, and Jenner & Block LLP were on brief for appellees.

Before LYNCH, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.

STAHL, Senior Circuit Judge.

This Employee Retirement Income Security Act ("ERISA") dispute reaches us following the district court's entry of summary judgment in favor of the SPX Corporation Individual Account Retirement Plan ("SPX"). The plan participant, Thomas Gillis, appeals the district court's grant of summary judgment and raises two essential objections. First, Gillis argues that the district court erred because he was entitled, under the language of the retirement...

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