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PEDRO ENTERPRISES, INC. v. PERDUE

No. 92-3074.

998 F.2d 491 (1993)

PEDRO ENTERPRISES, INCORPORATED; Dale E. Perdue, individually and as personal representative of the estate of Doran E. Perdue; David A. Perdue; Debra R. Zisla; Doran E. Perdue, Jr.; Mary B. Perdue, and Raylene Bordfeld, Plaintiffs-Appellees, v. Margaret Sterling PERDUE, Defendant-Appellant, and Professional Administrators Limited Pension and Group Consultants, Incorporated, and Rex Ridgeway, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 7, 1993.

Rehearing Denied September 13, 1993.

Attorney(s) appearing for the Case

Terry Noffsinger (argued), Noffsinger, Price, Bradley & Shively, Mary B. Perdue, Evansville, IN, for plaintiffs-appellees.

Jeffrey B. Kolb, Emison, Doolittle, Kolb & Roellgen, Vincennes, IN (argued), Brian P. Williams, Kahn, Dees, Donovan & Kahn, Evansville, IN, for defendants-appellees.

Before CUMMINGS, CUDAHY and ROVNER, Circuit Judges.

CUMMINGS, Circuit Judge.

This case raises the question whether an antenuptial agreement waives a surviving spouse's rights in a pension plan when the agreement makes no mention of pension benefits and the pension plan at issue was not even in existence at the time of the marriage. The plaintiffs are the five children — all adults now — of Doran and Ruth Perdue, along with an employee of Doran Perdue.1 Doran Perdue

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