No. 83-1358.

727 F.2d 177 (1984)

Robert ANDERSON, Jr., et al., Appellants, v. ALPHA PORTLAND INDUSTRIES, INC., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 10, 1984.

Rehearing Granted February 29, 1984.

Attorney(s) appearing for the Case

George S. Hecker, Michael G. Biggers, St. Louis, Mo., for appellees Alpha Portland Industries, Inc. and the Ins. and Health Plan for Hourly Employees of the Alpha Portland Cement Co.; Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., of counsel.

Sheldon Weinhaus, St. Louis, Mo., for appellants; Levin & Weinhaus, St. Louis, Mo., of counsel.

Before BRIGHT and J.R. GIBSON, Circuit Judges, and HANSON, Senior District Judge.

Rehearing En Banc Granted February 29, 1984.

HANSON, Senior District Judge.

Plaintiffs are former employees of defendant Alpha Portland Industries, Inc. (Alpha). Plaintiffs claim insurance benefits under collective bargaining agreements in effect when they retired. Plaintiffs' action was dismissed below on summary judgment for failure to exhaust contractual remedies. Plaintiffs appeal. We reverse on the ground that plaintiffs are not required to exhaust the...

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