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ROGERS v. BAXTER INTERN. INC.

No. 04 C 6476.

417 F.Supp.2d 974 (2006)

David E. ROGERS, on behalf of Himself and a Class of Persons Similarly Situated, and on behalf of the Baxter International, Inc. and Subsidiaries Incentive Investment Plan and the Baxter Healthcare Corporation of Puerto Rico Savings and Investment Plan, Plaintiff, v. BAXTER INTERNATIONAL INC., the Administrative Committee, the Investment Committee, Brian P. Anderson, John J. Greisch, Harry M. Jansen Kraemer, Jr., Robert Parkinson, Jr., and John Does 1-30 Defendants.

United States District Court, N.D. Illinois, Eastern Division.

February 22, 2006.

Attorney(s) appearing for the Case

Michael M. Mulder, Thomas R. Meites, Meites, Mulder, Burger & Mollica, Robert D. Allison, Robert D. Allison & Associates, Bruce C. Howard, Law Offices of Robert D. Allison, Johanna Josie Raimond, Meites, Mulder, Burger & Mollica, Steven Paul Schneck, Law Office of Robert D. Allison, Chicago, IL, for Plaintiff.

Matthew Robert Kipp, Dhananjai Shivakumar, Donna L. McDevitt, Francis Neil MacDonald, Skadden, Arps, Slate, Meagher & Flom, LLP, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

GOTTSCHALL, District Judge.

Plaintiff David E. Rogers ("Rogers") brings this class action suit against Baxter International, Inc. ("Baxter," "the company") and other 401(k) fiduciaries for violating certain provisions of the Employee Retirement Income Security Act (ERISA). Rogers alleges that the defendants allowed and encouraged participants to invest their retirement funds in Baxter common stock when they knew, or should have...

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