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CUMMINGS BY TECHMEIER v. BRIGGS & STRATTON RET.

Civ. A. No. 83-C-722.

606 F.Supp. 659 (1985)

Barbara Jean CUMMINGS, a minor, by her Guardian ad litem, Willard P. TECHMEIER; and Laverne H. Cummings, Special Administratrix of the Estate of Dennis G. Cummings, Plaintiffs, v. BRIGGS & STRATTON RETIREMENT PLAN, the First Wisconsin Trust Company, plan trustee, Briggs & Stratton Retirement Committee, plan administrator, and Frank J. Sprtel, Defendants.

United States District Court, E.D. Wisconsin.

April 19, 1985.

Attorney(s) appearing for the Case

Willard P. Techmeier, Stanley J. Lowe, Techmeier, Sheedy & Associates, Milwaukee, Wis., for plaintiffs.

David R. Cross and Peter W. Bunde, Quarles & Brady, Milwaukee, Wis., for defendants.

DECISION AND ORDER

REYNOLDS, Chief Judge.

This is an action for benefits and statutory penalties under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. Federal jurisdiction is based on 28 U.S.C. § 1331.

The complaint contains two counts. First, plaintiffs contend that benefits are payable and owing to Barbara Jean Cummings by virtue of her status as beneficiary of the Briggs & Stratton Retirement...

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