LUDWIG v. MARION LABORATORIES, INC.

No. 71-1689.

465 F.2d 114 (1972)

Donald E. LUDWIG, Appellant, v. MARION LABORATORIES, INC., a Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 1, 1972.

Rehearing Denied September 20, 1972.


Attorney(s) appearing for the Case

Walter A. Raymond, Kenneth C. West, Edward L. Simmons and Thomas E. King, Kansas City, Mo., for appellant.

Harry P. Thomson, Jr., Kansas City, Mo. (R. Lawrence Ward, Shughart, Thomson & Kilroy, Walter J. Kennedy, and Hoskins, King, McGannon, Hahn & Hurwitz, Kansas City, Mo., of counsel), for appellee.

Before ROSS and STEPHENSON, Circuit Judges, and DAVIES, Senior District Judge.


STEPHENSON, Circuit Judge.

Plaintiff appeals from a judgment entered in favor of defendant upon a jury verdict in a diversity case charging violation of a contractual agreement. Plaintiff's allegations of error will be discussed seriatim. In short appellant-plaintiff charged that the defendant Corporation, his former employer, violated the terms of an Employees' Profit Sharing Trust Plan (Trust) in failing to certify that plaintiff was under such a physical or mental...

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