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  5. 695 F.Supp.2d 859 (2010)
 

BURNS v. ORTHOTEK INC. EMPLOYEES PENSION PLAN

No. 3:08-CV-190-PS.

695 F.Supp.2d 859 (2010)

Cheryl A. BURNS, Plaintiff, v. ORTHOTEK INC. EMPLOYEES PENSION PLAN AND TRUST, Matthew D. Hutcheson, LLC, as Independent Fiduciary; Matthew D. Hutcheson, Individually, Richard D. Burns, Jr., Defendants.

United States District Court, N.D. Indiana, Hammond Division.

February 10, 2010.

Attorney(s) appearing for the Case

John H. Peddycord, Marcel M. Lebbin, May Oberfell Lorber, Mishawaka, IN, for Plaintiff.

Brian E. Casey, Barnes & Thornburg LLP, South Bend, IN, for Defendants.

OPINION AND ORDER

PHILIP P. SIMON, Chief Judge.

Dr. Richard Burns died and left his pension benefits to his three sons from his first marriage. Dr. Burns' widow, Cheryl Burns, thinks she should get the pension benefits. The administrators of the pension plan sided with the three sons because Mrs. Burns had signed a consent form whereby she agreed to give up her rights as beneficiary. This litigation followed pitting Mrs. Burns against the Orthotek...

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