Nos. 78-1327, 78-1328.

593 F.2d 307 (1979)

Henry WINER, Appellee, v. EDISON BROTHERS STORES PENSION PLAN, Appellant. Ray MARSHALL, Secretary of the United States Department of Labor, Appellee, v. EDISON BROTHERS STORES PENSION PLAN, Eric P. Newman, Julian I. Edison, Bernard Edison, Lewis Pate, Sam Alton, Walter Heinecke, Andrew Newman and Louis Melchior, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 21, 1979.

Rehearing and Rehearing Denied March 15, 1979.

Attorney(s) appearing for the Case

Myron Gollub of Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, Mo., argued, Alan B. Hoffman, St. Louis, Mo., on brief, for appellant.

Merle Silverstein of Rosenblum, Goldenhersh, Silverstein & Zafft, Clayton, Mo., argued, Theodore F. Schwartz, Clayton, Mo., and Stanley M. Rosenblum and Steven J. Stogel of Rosenblum, Goldenhersh, Silverstein & Zafft, Clayton, Mo., on brief, for appellee Henry Winer.

Samuel W. Halpern, Atty., U. S. Dept. of Labor, Washington, D. C., argued, Carin Ann Clauss, Sol. of Labor, Monica Gallagher, Ass'n Sol., and Norman P. Goldberg, Counsel for Litigation, on brief, for appellee, Dept. of Labor.

Before LAY and HEANEY, Circuit Judges, and HANSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 15, 1979.

HEANEY, Circuit Judge.

Edison Brothers Stores Pension Plan and the individual members of the Plan's Retirement Committee appeal from a decision of the District Court denying their motion for summary judgment and granting the motion for summary judgment of Henry Winer and the Secretary of Labor.1 The appellants argue that the District...

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