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NORTHWESTERN NAT. BANK OF MPLS. v. WILLIAMSON

Nos. 76-1005, 76-1006.

545 F.2d 76 (1976)

NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS as Trustee of the Bros Inc. Employees' Retirement Trust, v. A. O. WILLIAMSON et al., Appellees, American Hoist & Derrick Co., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 2, 1976.

Rehearings Denied December 23, 1976.

Attorney(s) appearing for the Case

Harold Jordan, St. Paul, Minn., for appellant, Boyd H. Ratchye and Theophil Rusterholz, St. Paul, Minn., on the briefs.

James L. Baillie, Minneapolis, Minn., for appellees, Michael A. Stern, Minneapolis, Minn., on the brief.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.

BRIGHT, Circuit Judge.

In this statutory interpleader action, American Hoist & Derrick Co. (Hoist), as a successor in interest of Bros Incorporated (Bros), claims entitlement to trust funds established by Bros under an employee pension plan. A class of former employees of Bros as participants in the Bros pension plan asserts an adverse claim to these same funds. The district court on a resulting trust theory awarded the funds to the employee class. Hoist appeals...

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