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ROGERS v. BAXTER INTERN., INC.

No. 06-3241.

521 F.3d 702 (2008)

David E. ROGERS, et al., Plaintiffs-Appellees, v. BAXTER INTERNATIONAL INC., et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 2, 2008.

Attorney(s) appearing for the Case

Thomas R. Meites (argued), Meites, Mulder, Mollica & Glink, Chicago, IL, for Plaintiff-Appellee.

Matthew R. Kipp (argued), Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Defendant-Appellant.

Elizabeth Hopkins (argued), Department of Labor, Office of the Solicitor, Washington, DC, Secretary Labor, Amicus Curiae.

Before EASTERBROOK, Chief Judge, and POSNER and RIPPLE, Circuit Judges.

EASTERBROOK, Chief Judge.

Plaintiffs are participants in the retirement plan for Baxter International's employees. Each participant exercises some control over the investments in an individual account in this defined-contribution plan, though the plan and its trustees may limit what assets an account may contain and when trading may occur. In this suit under the Employee Retirement Income Security Act, plaintiffs contend...

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