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ANDERSON v. ALPHA PORTLAND INDUSTRIES, INC.

No. 83-1358.

752 F.2d 1293 (1985)

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

United States Court of Appeals, Eighth Circuit.

Decided January 16, 1985.

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.

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

Before LAY, Chief Judge, HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges, En Banc.

JOHN R. GIBSON, Circuit Judge.

The issue before the court en banc is whether retired employees of Alpha Portland Industries, Inc., must exhaust grievance procedures before making claims for insurance benefits under a plan provided for in the collective bargaining agreements in effect when they retired. The district court required exhaustion, 558 F.Supp. 913 (E.D.Mo.1982), but a panel of this court reversed. 727...

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