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HAUCK v. ESCHBACHER

No. 81-1075.

665 F.2d 843 (1981)

John M. HAUCK, Ralph May and Gerald Mitchell, as all of the members of the Administrative Committee on behalf of Tubular Steel, Inc. Profit Sharing Plan, Appellants, v. E. W. ESCHBACHER and R. E. Gray, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 10, 1981.

Attorney(s) appearing for the Case

Larry B. Luber, Mark H. Goran (argued), St. Louis, Mo., for appellants; Greensfelder, Hemker, Wiese, Gale & Chappelow, St. Louis, Mo., of counsel.

Theodore D. Ponfil, Gary A. Growe (argued), Blumenfeld, Marx & Tureen, P. C., St. Louis, Mo., for appellees.

Before STEPHENSON and McMILLIAN, Circuit Judges, GIBSON, Senior Circuit Judge.

STEPHENSON, Circuit Judge.

Plaintiffs-appellants in this case seek a declaratory judgment concerning accrued benefits in a profit-sharing plan. The plaintiffs maintain that the two defendants have violated the "non-competition" clause of the plan and thus have forfeited their benefits. The district court1 determined that the retroactive application of the no-compete clause to the two defendants would violate the profit-sharing plan. Thus...

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