INTERNATIONAL U., ETC. v. INTERNATIONAL SYSTEMS AND CONTROLS CORPORATION

No. 76-1459.

566 F.2d 1135 (1977)

INTERNATIONAL UNION, UNITED STEEL WORKERS LOCAL NO. 2098, et al., Plaintiffs-Appellants, v. INTERNATIONAL SYSTEMS AND CONTROLS CORPORATION, a corporation, formerly Black, Sivalls & Bryson, Inc., a corporation, the United Steel Workers of America, a union, Paul Bartley, Herman Frietsch and Joe Salinsky are Individual trustees of the Pension Trust Fund, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided December 15, 1977.


Attorney(s) appearing for the Case

Paul F. Fernald, Oklahoma City, Okl. (E. W. Keller of Keller & Fernald and John C. Corona, Oklahoma City, Okl., on brief), for plaintiffs-appellants.

Landon H. Rowland, Kansas City, Mo. (Danny R. Carpenter, David J. Kornelis, Watson, Ess, Marshall & Enggas, Kansas City, Mo., and Edward E. Soule, Oklahoma City, Okl., of counsel, Lytle, Soule & Emery, Oklahoma City, Okl., on brief), for defendants-appellees.

Before McWILLIAMS and DOYLE, Circuit Judges, and MARKEY, Chief Judge.


McWILLIAMS, Circuit Judge.

This case involves the pension plan of a company which ceased doing business, and concerns the rights, if any, of employees who, as of the date of the plant shutdown, had not qualified under the provisions of the pension plan for retirement benefits. On motion for summary judgment, the trial court concluded that under the terms of the pension plan the individual plaintiffs had no right or interest in the pension plan, or the corpus thereof...

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