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NACHWALTER v. CHRISTIE

Nos. 85-5615, 85-6001.

805 F.2d 956 (1986)

George M. NACHWALTER and Steven M. Falk, as Trustees of the Nachwalter, Christie & Falk, P.A. Profit Sharing Plan and Trust, and as Trustees of the Nachwalter, Christie & Falk, P.A., Pension Plan and Trust, Plaintiffs-Counter Defendants-Appellees, v. Joyce Ellen CHRISTIE, individually and as Personal Representative of the estate of Irwin G. Christie, Defendant-Counter Plaintiff-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 9, 1986.

Attorney(s) appearing for the Case

Blank, Rome, Comisky & McCauley, William Berger, Nancy J. Cliff, Stewart A. Merkin, Law Office of Stewart A. Merkin, Miami, Fla., for Christie.

James J. Kenny, Kenny, Nachwalter & Seymour, Miami, Fla., for Nachwalter.

Before RONEY, Chief Judge, KRAVITCH, Circuit Judge, and ATKINS, Senior District Judge.

KRAVITCH, Circuit Judge:

The issue before this court is whether the trustees of pension and profit sharing plans governed by the Employment Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq., may be estopped from enforcing the written terms of the plans by oral representations they allegedly made to a beneficiary. We affirm the district court 611 F.Supp. 655 and hold that the written terms of the...

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