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HEPPLE v. ROBERTS & DYBDAHL, INC.

No. 79-2052.

622 F.2d 962 (1980)

David C. HEPPLE, Appellant, v. ROBERTS & DYBDAHL, INC., Restated Employee Profit-Sharing Plan, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 3, 1980.

Attorney(s) appearing for the Case

W. Don Brittin, Jr., Nyemaster, Goode, McLaughlin, Emery & O'Brien, Des Moines, Iowa (argued), and F. L. Burnette, II, Des Moines, Iowa, on brief, for appellant.

Donald B. Strater, Des Moines, Iowa (argued), E. Eugene Davis, Lorraine J. May, Des Moines, Iowa, and Gene N. Fuller, of Larkin, Hoffman, Daly & Lindgren, Minneapolis, Minn., on brief, for appellee.

Before HEANEY and ARNOLD, Circuit Judges, and WRIGHT, District Judge.

ARNOLD, Circuit Judge.

David C. Hepple brought this action to recover benefits allegedly due under his former employer's Employee Profit Sharing Plan and Trust. The company had denied Hepple any benefits because of his violation of a non-competition clause contained in the Plan. On cross-motions for summary judgment the District Court (the Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa) held that the clause did not violate...

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