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HOWELL v. MOTOROLA, INC.

Nos. 07-3837, 09-2796.

633 F.3d 552 (2011)

Bruce G. HOWELL, Plaintiff-Appellant, v. MOTOROLA, INC., et al., Defendants-Appellees. Stephen Lingis, et al., Plaintiffs-Appellants, v. Rick Dorazil, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Argued October 23, 2008

Argued May 27, 2010.

Attorney(s) appearing for the Case

Edwin J. Mills , Attorney (argued), Stull, Stull & Brody, New York, NY, for Plaintiffs-Appellants.

Ada W. Dolph , Attorney, Ian Hugh Morrison, Attorney, Seyfarth Shaw LLP, Chicago, IL, John T. Murray , Attorney (argued), Seyfarth Shaw , Atlanta, GA, for Defendants-Appellees.

Jeffrey W. Sarles , Mayer Brown LLP, Chicago, IL, Stephen Silverman , Department of Labor, Washington, DC, for Amici Curiae.

Before BAUER, WOOD, and TINDER, Circuit Judges.

WOOD, Circuit Judge.

The two cases that we have consolidated for decision in this opinion both deal with the responsibilities of a company with respect to a defined-contribution pension plan that it offers to its employees. The company in each instance is Motorola, Inc., and the disputes concern employees' retirement accounts in the Motorola 401(k) Savings Plan (the "Plan"). Bruce Howell was the original plaintiff when this litigation began in 2003; later, Stephen...

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