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CHESSER v. BABCOCK & WILCOX

No. 83-8718.

753 F.2d 1570 (1985)

W.C. CHESSER, et al., Plaintiffs-Appellants, v. BABCOCK & WILCOX, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 1, 1985.

Attorney(s) appearing for the Case

Edward E. Boshears, Brunswick, Ga., for plaintiffs-appellants.

William A. Ziegler, New York City, Richard M. Scarlett, M. Lynn Frey, III, Brunswick, Ga., for Babcock & Wilcox and Pension Bd. of Babcock.

Steve A.J. Bukaty, Kansas City, Kan., for Inter. Brotherhood & Local 901.

Before TJOFLAT and JOHNSON, Circuit Judges and DUMBAULD, District Judge.

Rehearing and Rehearing En Banc Denied April 1, 1985.

DUMBAULD, District Judge:

Stripped to its essentials,1 the case at bar discloses that plaintiffs-appellants are unfortunate victims of economic forces who lost their jobs by reason of plant closing shortly before they would have been eligible for an early pension based on length of service. Their union entered into an agreement with their employer regarding the plant closing...

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