SANDOVAL v. SIMMONS

No. 83-1223.

622 F.Supp. 1174 (1985)

Florencio SANDOVAL, Donald Edwards, Hazel Ellis, James M. Holmes, Herbert C. Johnson and Theodore G. Peterson, Individually and as Participants in the Keystone Master Pension Plan — National Lock Division, Plaintiffs, v. Harold SIMMONS, Individually and as Sole Trustee of a Trust Formed by Harold C. Simmons in 1964 for the Benefit of his Children and Grandchildren and as Director of Keystone Consolidated Industries, Inc., and as a Member of the Corporate Committee — Employees Benefit Plans of Keystone Consolidated Industries, Inc., Glenn R. Simmons, Individually and as President and Chief Executive of Keystone Consolidated Industries, Inc., Michael A. Snetzer, Individually and as Director of Keystone Consolidated Industries, Inc., John R. Sommer, Individually and as Chairman of the Board of Directors and as a Member of the Corporate Committee at Keystone Consolidated Industries, Inc., Alex M. Galbraith, Individually and as Vice-President of Finance and Treasurer and as a Member of the Corporate Committee at Keystone Consolidated Industries, Inc., Keystone Consolidated Industries, Inc., as Administrator of the Keystone Master Pension Trust and National Lock Division of Keystone Consolidated Industries, Inc., as Administrator and Sponsor of National Lock Division Hourly Employees Pension Plan, Defendants.

United States District Court, C.D. Illinois.

As Modified November 18, 1985 and January 30, 1986.


Attorney(s) appearing for the Case

Irving Friedman, Katz, Friedman, Schur & Eagle, Chicago, Ill., Gerald Feder, Nik Edes, Lorraine Pratte, David R. Levin, Feder and Edes, Washington, D.C., Jordan Rossen, Gen. Counsel, William Wertheimer, Asst. Gen. Counsel, United Auto Workers, Detroit, Mich., John P. Nicoara, Nicoara & Steagall, Peoria, Ill., for Sandoval, et. al.

Frank Cicero, Jr., Jean Reed-Haynes, Kirkland & Ellis, Chicago, Ill., Donald E. Scott, Kirkland & Ellis, Washington, D.C., J. Landis Martin, Bruce A. Hubbard, John L. Watson, Kirland and Ellis, Denver, Colo., Tim Swain, Swain, Hartshorn & Scott, Peoria, Ill., for H. Simmons.

Tom Thomas, Kolodey, Dooley & Yeager, Dallas, Tex., Tim Swain, Swain, Hartshorn & Scott, Peoria, Ill., for G. Simmons.

Robert F. Henderson, Dennis R. Cassell, Allen, Knuths & Cassell, Dallas, Tex., for M. Snetzer.

James L. Truitt, Gerald C. Connley, Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex., Tim Swain, Swain, Hartshorn & Scott, Peoria, Ill., for J. Sommer & A. Galbraith.

F. Louis Behrends Law Office, Peoria, Ill., for Keystone Consolidated & Nat. Lock.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

MIHM, District Judge.

This action was previously consolidated with Jefferson Trust and Savings Bank of Peoria v. Simmons, et al (83-1101) and Donovan v. Simmons, et al (83-1115). Stipulated settlement agreements were entered into in both of those actions and were approved by the Court.

The Court granted Plaintiffs' motion for separate trials on the issues of liability and appropriate relief. The...

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