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LOCKREY v. LEAVITT TUBE EMPLOYEES' PROFIT SHARING

No. 88 C 8017.

748 F.Supp. 662 (1990)

John G. LOCKREY, Plaintiff, v. LEAVITT TUBE EMPLOYEES' PROFIT SHARING PLAN, an Employee Benefit Plan; Leonard Donofrio, Roy Herman, Kenneth Leavitt, William Leavitt and Leon Meyer, Individually and as Members of the Fiduciary Committee Established Under the Leavitt Tube Employees' Profit Sharing Plan, Defendants.

United States District Court, N.D. Illinois, E.D.

Amended Nunc Pro Tunc November 9, 1990.

Attorney(s) appearing for the Case

Lee T. Polk, Kathleen Schwappach, Walter W. Miller, Murphy, Smith & Polk, Chicago, Ill., for plaintiff.

Jeffrey Lennard, Sonnenschein Carlin Nath & Rosenthal, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ROVNER, District Judge.

I. INTRODUCTION

This is an ERISA action brought by John G. Lockrey to recover additional benefits allegedly due pursuant to the Leavitt Tube Employees' Profit Sharing Plan. The lawsuit originally asserted claims for both breach of fiduciary duty and estoppel. In a Memorandum Opinion and Order of September 14, 1989, the Court dismissed the estoppel claim on the ground that estoppel was not available...

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