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FLECK v. SPANNAUS

No. 3-75 Civ. 178.

449 F.Supp. 644 (1977)

Walter J. FLECK, Edyth A. Hamler, E. A. Richert, as Fiduciary of the Allied Structural Steel Company Salaried Employees' Pension Plan, and Allied Structural Steel Company, a Delaware Corporation, Plaintiffs, v. Warren SPANNAUS, E. I. Malone, Phyllis Speilman and Allied Structural Steel Company Salaried Employees' Pension Plan, Defendants.

United States District Court, D. Minnesota, Third Division.

As amended September 22, 1977.

Attorney(s) appearing for the Case

Dennis J. Carlin, Maurice J. McCarthy, Chicago, Ill., John R. Kenefick, Briggs & Morgan, St. Paul, Minn., for plaintiffs.

Warren Spannaus, Atty. Gen., by Kent G. Harbison, Sp. Asst. Atty. Gen., Richard A. Lockridge, St. Paul, Minn. for Warren Spannaus, E. I. Malone and Phyllis Speilman.

Frank C. Heath, Jones, Day, Reavis & Pogue, Cleveland, Ohio, Curtis L. Ray, Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., amici curiae, for White Motor Corp. and White Farm Equipment Co.

Before HEANEY, Circuit Judge, and DEVITT and ALSOP, District Judges.

MEMORANDUM OPINION

HEANEY, Circuit Judge.

The plaintiffs brought this action to contest the enforceability and constitutionality of the Minnesota Private Pension Benefits Protection Act, Minn.Stat. § 181B.01 et seq. (1974) (hereinafter the Pension Act). The relevant facts are set forth in Fleck v. Spannaus, 412 F.Supp. 366 (D.Minn.1976). In that decision...

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