Court of Appeals for the Seventh Circuit September 7, 2001, 00-1109 (Robert J. Matz, Individually and on Behalf of All Others Similarly Situated v. Household International Tax Reduction Investment Plan)

BAUER, Circuit Judge.

Robert J. Matz filed an ERISA action, claiming entitlement to benefits as a result of a partial termination of a retirement benefit plan. The district court held that in determining whether partial termination occurred: (1) both vested and non-vested plan participants should be counted,

see Matz v. Household Int’l Tax Reduction Inv. Plan,

1998 WL 851491, *5 (N.D.I11. Dec.