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Bane v. Ferguson
Citation:
890 F.2d 11Facts
Plaintiff Bane, was a partner at a Chicago law firm. All of the partners established a retirement plan for those who retired after age 70. There was a provision in the plan that noted that partners would not receive any retirement benefits if the firm dissolved with no successor firm lined up. When Plaintiff was age 72 he retired and began receiving the benefits. A few months in, the firm initiated a merger but the deal fell through and the firm was left without a successor firm. Plaintiff’s benefits ended shortly after. Plaintiff sued firm management (Defendant Ferguson) alleging that the partnership unreasonably managed the firm, including allegations that firm management negligently approved the firm merger. There were no allegations of fraud or self dealing. The Defendant moved to dismiss all counts and the district court granted the motion. Plaintiff appealed to the Seventh Circuit Court of Appeals.
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