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MATZ v. HOUSEHOLD INTERN. TAX REDUCTION INV. PLAN

No. 12-8010.

687 F.3d 824 (2012)

Robert J. MATZ, individually and on behalf of all others similarly situated, Petitioner/Cross-Respondent, v. HOUSEHOLD INTERNATIONAL TAX REDUCTION INVESTMENT PLAN, Respondent/Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided July 19, 2012.

Attorney(s) appearing for the Case

Eugene J. Schiltz (submitted), Attorney, Coleman & Associates, Chicago, IL, for Petitioner.

Luke DeGrand , Attorney, DeGrand & Wolfe, P.C., Richard Pillsbury Campbell , Erinn L. Wehrman , Attorneys, Jenner & Block LLP, Chicago, IL, for Respondent.

Before POSNER, RIPPLE, and WOOD, Circuit Judges.

POSNER, Circuit Judge.

The plaintiff in this long-running class action suit under ERISA asks us for leave to appeal under Fed.R.Civ.P. 23(f) from an order by the district court partially decertifying the class by eliminating some 3000 to 3500 members — a reduction of between 57 and 71 percent of the membership (we are not given data that would permit a more precise estimation). The defendant has cross-petitioned for leave to appeal; it wants to argue that the...

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