SALAZAR v. SANDIA CORP.

Nos. 79-2144, 79-2145.

656 F.2d 578 (1981)

Edward A. SALAZAR, Nicholas J. DeLollis, Alfred J. Quant, Rudolph J. Walter, Individually, and as Class Representatives, Plaintiffs-Appellants, v. SANDIA CORPORATION, a corporation, and Prudential Insurance Company of America, a corporation, Individually, and as Trustees, Defendants-Appellees. Joseph S. MILLER and James E. McGovern, Individually, and as Class Representatives, Plaintiffs-Appellants, v. SANDIA CORPORATION, a corporation, and Prudential Insurance Company of America, a corporation, Individually, and as Trustees, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 3, 1981.


Attorney(s) appearing for the Case

Robert J. Nordhaus of Nordhaus, Haltom & Taylor, and James F. Beckley of Moses, Dunn, Beckley, Espinosa & Tuthill, Albuquerque, N. M. (John P. Viebranz of Moses, Dunn, Beckley, Espinosa & Tuthill, Albuquerque, N. M., with them on the brief, Donald P. Rothschild, Washington, D. C., of counsel), for plaintiffs-appellants.

C. Douglas Floyd of Pillsbury, Madison & Sutro, San Francisco, Cal. (Noble K. Gregory and Dennis K. Bromley of Pillsbury, Madison & Sutro, San Francisco, Cal., and Charles L. Saunders, Jr. of Rodey, Dickason, Sloan, Akin & Robb, P. A., Albuquerque, N. M., with him on the brief, Pillsbury, Madison & Sutro, San Francisco, Cal., and Rodey, Dickason, Sloan, Akin & Robb, P. A., Albuquerque, N. M., of counsel), for defendant-appellee Sandia Corp.

Charles C. Ivie of Gibson, Dunn & Crutcher, Los Angeles, Cal. (Samuel O. Pruitt, Jr. and Nancy P. McClelland of Gibson, Dunn & Crutcher, Los Angeles, Cal., and Allen C. Dewey, Jr. of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N. M., with him on the brief), for defendant-appellee The Prudential Insurance Co. of America.

Before SETH, Chief Judge, and BARRETT and DOYLE, Circuit Judges.


SETH, Chief Judge.

This appeal concerns the Pension Fund Plan of Sandia Corporation as it existed before changes were made in it in 1975, and the changes then made. It is only necessary to describe those portions of the Plan pertinent to the issues raised on appeal.

Before the 1975 changes employee contributions were mandatory. Sandia Corporation also contributed. The investment of the fund so created was managed by Prudential Insurance Company of America...

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