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FREMONT v. McGRAW-EDISON CO.

Nos. 78-2630, 78-2631.

606 F.2d 752 (1979)

Robert S. FREMONT and Henry W. Dybal, Plaintiffs-Appellants, v. McGRAW-EDISON COMPANY et al., Defendants-Appellees. Robert S. FREMONT, Ronald L. McCarthy and Henry W. Dybal, Plaintiffs-Appellees, v. McGRAW-EDISON COMPANY et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 27, 1979.

Rehearing Denied October 31, 1979.

Attorney(s) appearing for the Case

George V. Bobrinskoy, Jr., Mayer, Brown & Platt, Chicago, Ill., for plaintiffs-appellants.

Byron L. Gregory, Chicago, Ill., for defendants-appellees.

Before PELL, Circuit Judge, GEWIN, Senior Circuit Judge, and WOOD, Circuit Judge.

PELL, Circuit Judge.

The three plaintiffs, Robert Fremont, Ronald McCarthy, and Henry Dybal, brought this action against their former employer, the Halo Lighting Division of McGraw-Edison Company (Company), to recover benefits allegedly due them under the Company's Profit Sharing and Retirement Trust (the Plan).1 The Company had denied them the Plan benefits on the ground that their theft of Company property made them ineligible under...

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