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SAFFO v. OCCIDENTAL LIFE INS. CO. OF CALIFORNIA

Nos. 78-1634, 78-1638.

602 F.2d 1265 (1979)

Charles SAFFO, Richard Kavner and Harold J. Gibbons, Appellees, v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, a Corporation. Appeal of LHI-688 EMPLOYEES RETIREMENT AND PENSION PLAN TRUST, Philip L. Goodwilling, Levi Sanford, Ernst Neidell, Paul Akers, Ronald Gamache, Michael Dunn, Kenneth Carroll, James Joiner, Chick Thornton, and John Becker (two cases). Charles SAFFO, Richard Kavner and Harold J. Gibbons, Appellees, v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, a Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1979.

Rehearing Denied July 9, 1979.

Attorney(s) appearing for the Case

Clyde E. Craig of Wiley, Craig Armbruster, Wilburn & Mills, St. Louis, Mo., argued, for LHI and on brief, for other appellants.

Ilbert Phillips of American Council for Life Insurance, Los Angeles, Cal., argued and on brief, for Occidental.

Edward K. Fehlig of Ziercher, Hocker, Tzinberg, Human & Michenfelder, Clayton, Mo., on brief, for Occidental.

Norman W. Armbruster, St. Louis, Mo., on brief, for other appellants.

Alan G. Kimbrell of Rosecan, Shostak, Kimbrell & Witzel, St. Louis, Mo. (argued), and Mortimer A. Rosecan, St. Louis, Mo., on brief, for appellees.

Before HEANEY and McMILLIAN, Circuit Judges, and BENSON, Chief Judge.

HEANEY, Circuit Judge.

Charles Saffo, Richard Kavner and Harold J. Gibbons, retired beneficiaries of the LHI-688 Employees Retirement and Pension Plan Trust, brought this action against the trustees of the Plan, the officers of Teamsters Local Union No. 688,1 and Occidental Life Insurance Company of California, alleging that their pension benefits were unlawfully curtailed or terminated. After a nonjury trial, the trial court found in...

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