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CRAIG v. BEMIS COMPANY, INC.

No. 74-2241.

517 F.2d 677 (1975)

Charlie CRAIG et al., Plaintiffs-Appellants, v. BEMIS COMPANY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 13, 1975.

Attorney(s) appearing for the Case

Irvin Grodsky, Mobile, Ala., for plaintiffs-appellants.

Curtis L. Roy, David L. McCuskey, Minneapolis, Minn., Thomas G. Greaves, Jr., Paul W. Brock, Stephen G. Crawford, Mobile, Ala., for Bemis Co.

William E. Mitch, Birmingham, Ala., for United Paperworkers.

Donald Alexander, Com'r, I. R. S., Mobile, Ala., Donald J. Gavin, Tax Div., Scott P. Crampton, Asst. Atty. Gen., Ernest J. Brown, Acting Chief, Appellate Section, Tax Div., Dept. of Justice, Washington, D. C., for I. R. S.

Before BELL and GOLDBERG, Circuit Judges, and GROOMS, District Judge.

GOLDBERG, Circuit Judge:

Plaintiffs are former employees of defendant Bemis Company, Inc. [the Company] who were discharged when the Company closed its Mobile, Alabama, plant in March, 1972. They filed this lawsuit to recover certain pension benefits which they contend are due them either pursuant to the Company's retirement plan or on a theory of quantum meruit-unjust enrichment, as the disputed benefits actually constitute deferred compensation earned by them but...

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