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JOHNSON v. FRANCO

No. 83-3009.

727 F.2d 442 (1984)

Roger C. JOHNSON, Plaintiff-Appellee Cross-Appellant, v. Albert FRANCO, Shannon J. Wall, Martin F. Hickley, et al., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

March 19, 1984.

Attorney(s) appearing for the Case

Stone, Pigman, Walther, Wittmann & Hutchinson, David L. Stone, Charles L. Stern, Jr., New Orleans, La., Proskauer, Rose, Goetz & Mendelsohn, Bettina B. Plevan, New York City, for defendants-appellants cross-appellees.

McGlinchey, Stafford, Mintz & Hoffman, B. Franklin Martin, III, Marie A. Moore, New Orleans, La., for plaintiff-appellee cross-appellant.

Before GEE, TATE and HIGGINBOTHAM, Circuit Judges.

TATE, Circuit Judge:

The plaintiff Johnson, born in 1928, sues to recover monthly pension benefits allegedly owed him since 1969, when his right to receive the pension vested because of his twenty years of covered employment. Johnson contends that suspension under the multi-employer employee pension benefit plan of an employee's vested right to receive monthly pension benefit payments amounts to a statutorily prohibited forfeiture...

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