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NOELL v. AMERICAN DESIGN, INC., PROFIT SHARING PLAN

No. 84-7335.

764 F.2d 827 (1985)

Jerry E. NOELL; L. Randy Isbell; Howard D. McCoy, Plaintiffs-Appellees, v. AMERICAN DESIGN, INC., PROFIT SHARING PLAN; American, Inc., Defined Benefit Pension Plan, and American Design, Inc., a corporation, and as the Plan Administrator of the American Design, Inc., Profit Sharing Plan and as the Plan Administrator of the American Design, Inc., Defined Benefit Pension Plan, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 2, 1985.

Attorney(s) appearing for the Case

Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Timothy McAbee, Birmingham, Ala., for defendants-appellants.

Dominick, Fletcher, Yeilding, Wood & Lloyd, P.A., Carleton P. Ketcham, Jr., C. Fred Daniels, Birmingham, Ala., for plaintiffs-appellees.

Before JOHNSON and CLARK, Circuit Judges, and LYNNE, District Judge.

CLARK, Circuit Judge:

In this consolidated case three plaintiffs sought to recover accrued benefits allegedly due under their employer's profit sharing plan and defined benefit plan. The company claimed the benefits were forfeited because of the plaintiffs' violation of a non-competition clause contained in the plans. The district court granted summary judgment in favor of the plaintiffs. For the reasons stated below, we reverse the judgment of the district court...

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