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GANZE v. DART INDUSTRIES, INC.

No. 83-1509.

741 F.2d 790 (1984)

August H. GANZE, Jr., et al., Plaintiffs-Appellees, v. DART INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 15, 1984.

Attorney(s) appearing for the Case

Kerr, Fitz-Gerald & Kerr, William Monroe Kerr, Midland, Tex., for defendant-appellant.

James Boldrick, Midland, Tex., for plaintiffs-appellees.

Before BROWN, GEE and RUBIN, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This case was commenced as a class action in diversity. Plaintiff — a terminated and fully vested former employee of a recently sold Dart division — sought to recover a forty-five cent per share cash quarterly dividend from the Dart Industries' profit sharing trust for himself and all former employees who participated in the pension fund. Plaintiff alleged the trustees acted arbitrarily and inconsistently in administering...

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