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Chamberlain v. US Bancorp Cash Balance Retirement Plan

March 20, 2007

EILEEN CHAMBERLAIN, INDIVIDUALLY AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED, PLAINTIFF,
v.
US BANCORP CASH BALANCE RETIREMENT PLAN, AND MERCANTILE BANK CASH BALANCE RETIREMENT PLAN, DEFENDANTS.



The opinion of the court was delivered by: Herndon, District Judge

ORDER

Now before the Court is Defendant's motion to dismiss in light of the Seventh Circuit's decision in Cooper v. IBM Personal Pension Plan. (Doc. 52.) Plaintiff responds that she does not oppose dismissal of her Complaint with prejudice. (Doc. 55.) Therefore, the Court GRANTS Defendant's motion (Doc. 52) and DISMISSES this cause with prejudice. Each party to bear its own costs and fees. Clerk to enter judgment accordingly.

IT IS SO ORDERED.

David RHerndon United States District Judge

20070320

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