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QUINN v. BURLINGTON NORTHERN INC., ETC.

Nos. 81-1035, 81-1086.

664 F.2d 675 (1981)

William J. QUINN, Appellee, v. BURLINGTON NORTHERN INC. PENSION PLAN, Burlington Northern Inc. Pension Trust and The First Trust Company of Saint Paul, a Minnesota banking corporation, as Trustee, Appellants. William J. QUINN, Appellant, v. BURLINGTON NORTHERN INC. PENSION PLAN, Burlington Northern Inc. Pension Trust and The First Trust Company of Saint Paul, a Minnesota banking corporation, as Trustee, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 30, 1981.

Attorney(s) appearing for the Case

James W. Littlefield, argued, John M. Sullivan, Briggs & Morgan, P. A., St. Paul, Minn., for Burlington Northern Inc.; Steven L. Wood, St. Paul, Minn., of counsel.

Frank Claybourne, Doherty, Rumble & Butler, St. Paul, Minn., Harry P. Lamberson, Frederick V. Lochbihler, argued, Chapman & Cutler, Chicago, Ill., for Quinn.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and COLLINSON, Senior District Judge.

LAY, Chief Judge.

William J. Quinn is a participant in the Burlington Northern Inc. Pension Plan based on his employment with the Chicago, Burlington and Quincy Railroad and with the Burlington Northern, Inc. He brought suit against the Burlington Northern Pension Plan in the federal district court claiming the Plan Administrator erred in offsetting the Burlington Northern pension payments to him under the Burlington Plan with monies he receives under an employment...

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