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BRANDOW v. MILANO

No. 91-0352-CV-W-8.

832 F.Supp. 263 (1993)

Fred M. BRANDOW, Plaintiff, v. Robert MILANO, Plan Administrator, National Elevator Industry Pension Plan and Craig W. McKeown, Chairman, Board of Trustees of the National Elevator Industry Pension Plan, Defendants.

United States District Court, W.D. Missouri, W.D.

August 31, 1993.

Attorney(s) appearing for the Case

William H. Norton, Norton & Norton, P.C., Kansas City, MO, for plaintiff.

Richard L. Calcara, and G. Gordon Atcheson, Blake & Uhlig, P.A., Kansas City, MO, for defendants.

ORDER

STEVENS, Chief Judge.

This case is before the court on cross-motions for summary judgment. For reasons which follow, plaintiff's motion for summary judgment is granted and defendant Milano's motion is denied.

I

Plaintiff Brandow originally filed his petition on March 7, 1991 in the Circuit Court of Clay County seeking a judgment declaring his rights under the National Elevator Industry Pension Plan ("the Plan"). Specifically...

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