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LANDRO v. GLENDENNING MOTORWAYS, INC.

No. 79-1628.

625 F.2d 1344 (1980)

Oscar LANDRO, Frank J. Shafranski, Bernard F. Benna, Margarete Wilson and LeRoy H. Schultz, Plaintiffs-Appellees, v. GLENDENNING MOTORWAYS, INC.; Glendenning Enterprises, Inc.; Glendenning Enterprises, Inc. Retirement Plan and Trust, aka Glendenning Motorways, Inc. Retirement Plan and Trust, Defendants-Appellants, Northwestern National Bank of Minneapolis, Trustee.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1980.

Rehearing and Rehearing Denied August 8, 1980.

Attorney(s) appearing for the Case

Sheridan J. Buckley, Jr., St. Paul, Minn., for defendants-appellants.

James J. Ryan, Thomas, King, Swenson, Collatz & Ryan, St. Paul, Minn., for plaintiffs-appellees.

Before LAY, Chief Judge, HENLEY, Circuit Judge, and HANSON, District Judge.

Rehearing and Rehearing En Banc Denied August 8, 1980.

HANSON, District Judge.

This is a suit under the civil enforcement provision of the Employee Retirement Income Security Act of 1974 (ERISA, or the Act), 29 U.S.C. § 1132. The pension plan in question was established by Glendenning Motorways, Inc. (Glendenning), one of the appellants, in 1968.1 All appellees became employees of Glendenning in 1963; before then they had...

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