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SUNDER v. U.S. BANCORP PENSION PLAN

Nos. 07-3485, 07-3593, 07-3771, 08-1910, 08-2616.

586 F.3d 593 (2009)

Edward W. SUNDER; Louis R. Jarodsky, Plaintiffs-Appellees, v. U.S. BANCORP PENSION PLAN, Defendant, U.S. Bank Pension Plan, Defendant-Appellant, Mercantile Bank Horizon 401(k) Investment & Savings Plan; Mercantile Bank Cash Balance Retirement Plan, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: November 9, 2009.

Attorney(s) appearing for the Case

Gregory Parker Rogers, argued, : Cincinnati, OH (Melanie Anne Houghton, Cincinnati, OH, on the brief), for appellants.

David L. Steelman, argued, Rolla, MO (Matthew H. Hearne, St. Louis, MO, on the brief), for appellees.

Before MURPHY, HANSEN, and BYE, Circuit Judges.

[PUBLISHED]

HANSEN, Circuit Judge.

These consolidated appeals and cross-appeal involve disputes under the Employee Retirement Income Security Act (ERISA) regarding a plan amendment and the amount of retirement benefits awarded to Edward W. Sunder and Louis R. Jarodsky, both of whom were participants in a pension plan sponsored by their employer and now known as the U.S. Bank Pension Plan ("USBPP").1 In a summary judgment ruling...

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