Lockrey v. Leavitt Tube Employees' Profit Sharing Plan

MEMORANDUM OPINION AND ORDER

ROVNER, District Judge.

I. INTRODUCTION

This is an ERISA action brought by plaintiff John G. Lockrey (“Lockrey”) to recover additional benefits allegedly due to him pursuant to the Leavitt Tube Employees’ Profit Sharing Plan (the “Plan”). Plaintiff’s original complaint asserted claims for both breach of fiduciary duty and estoppel. In its Memorandum Opinion and Order of September 14,1989, the Court dismissed the estoppel claim on the ground that estoppel was unavailable in an ERISA action. See Lockrey v. Leavitt Tube Employees’ Profit Sharing Plan, 1989 WL 112674,…