HECHENBERGER v. WESTERN ELEC. CO., INC.

No. 83-2266.

742 F.2d 453 (1984)

Richard A. HECHENBERGER, William V. Wilken, Charles W. Ramsey, Appellants, v. WESTERN ELECTRIC CO., INC., Western Electric Plan for Employees' Pensions, Disability Benefits and Death Benefits, now also known in part as Western Electric Sickness and Accident Disability Benefit Plan, Western Electric Co., Inc., Plan Administrator, Southwestern Bell Telephone Co., Inc., Southwestern Bell Telephone Plan for Employees' Pensions, Disability Benefits and Death Benefits, now also known in part as Southwestern Bell Telephone Sickness and Accident Disability Benefit Plan, Southwestern Bell Telephone Co. Plan Administrator, Appellees, v. Richard ROUSSELOT, Director, Division of Workers Compensation, State of Missouri, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 28, 1984.

Rehearing and Rehearing Denied October 12, 1984.


Attorney(s) appearing for the Case

Evans & Dixon, Henry D. Menghini, Robert J. Krehbiel, St. Louis, Mo., for appellees Southwestern Bell Telephone Co. and its Sickness and Accident Disability Benefit Plan; Leo E. Eickhoff, Jr., St. Louis, Mo., of counsel.

Sheldon Weinhaus, St. Louis, Mo., for appellants; Jerome J. Dobson and Levin & Weinhaus, St. Louis, Mo., of counsel.

Before ROSS, Circuit Judge, HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.


Rehearing and Rehearing En Banc Denied October 12, 1984.

ROSS, Circuit Judge.

This appeal arises from an action filed by three employees against their employers, Western Electric Co., Inc., and Southwestern Bell Telephone Co., Inc., and the companies' respective disability benefit plans. The employees challenge a practice followed by the companies in Missouri Workers' Compensation proceedings, of offsetting certain workers' compensation awards with amounts...

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