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THOMPSON v. RETIREMENT PLAN FOR EMPLOYEES

Nos. 10-3917, 10-3918, 10-3988, 10-3989.

651 F.3d 600 (2011)

Michael THOMPSON, et al., Plaintiffs-Appellants, Cross-Appellees, v. RETIREMENT PLAN FOR EMPLOYEES OF S.C. JOHNSON & SON, INC., and Retirement Plan for Employees of JohnsonDiversey, Inc., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 2011.

Rehearing and Suggestion for Rehearing En Banc Denied August 5, 2011.

Attorney(s) appearing for the Case

Eli Gottesdiener (argued), Attorney, Gottesdiener Law Firm, Brooklyn, NY, for Plaintiffs-Appellants, Cross-Appellees.

Paul D. Clement (argued), Attorney, Bancroft PLLC, Washington, DC, G. Michael Halfenger, Attorney, Foley & Lardner LLP, Milwaukee, WI, Lawrence C. DiNardo, Attorney, Jones Day, Chicago, IL, for Defendants-Appellees in Docket Nos. 10-3917, 10-3918,

Paul D. Clement (argued), Attorney, Bancroft PLLC, Washington, DC, Lawrence C. DiNardo, Attorney, Jones Day, Chicago, IL, for Defendant-Appellant in Docket No. 10-3988.

G. Michael Halfenger, Attorney, Foley & Lardner LLP, Milwaukee, WI, for Defendant-Appellant in Docket No. 10-3989.

Before CUDAHY, KANNE and TINDER, Circuit Judges.

CUDAHY, Circuit Judge.

The plaintiffs, former members of the S.C. Johnson and JohnsonDiversey cash balance pension plans, appeal from an order of the district court dismissing some of their claims as untimely. They also appeal from the district court's method for calculating the plaintiffs' recovery. The Plan defendants cross-appeal, contending that all the plaintiffs' claims are untimely, and also taking issue with the district court's damages calculation method...

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