EDWARDS v. BRIGGS & STRATTON RETIREMENT PLAN

No. 09-2326.

639 F.3d 355 (2011)

Augusta EDWARDS, Plaintiff-Appellant, v. BRIGGS & STRATTON RETIREMENT PLAN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 2011.


Attorney(s) appearing for the Case

Mark D. DeBofsky (argued), Attorney, Daley, DeBofsky & Bryant, Chicago, IL, for Plaintiff-Appellant.

Joseph O. Wilson (argued), Attorney, Quarles & Brady, Milwaukee, WI, for Defendant-Appellee.

Before TINDER and HAMILTON, Circuit Judges and MURPHY, District Judge.


MURPHY, District Judge.*

I. Introduction

The issue presented by this appeal, which arises out of a suit brought by Plaintiff-Appellant Augusta Edwards against Defendant-Appellee Briggs & Stratton Retirement Plan ("the Plan") for benefits due under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., is straightforward: whether the Plan should have excused the fact that...

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