DOCKRAY v. PHELPS DODGE CORP.

No. 85-2504.

801 F.2d 1149 (1986)

Gordon T. DOCKRAY, Plaintiff-Appellee, v. PHELPS DODGE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1986.


Attorney(s) appearing for the Case

Sidney L. Kain, Tucson, Ariz., for Dockray.

G. Starr Rounds, Evans, Kitchel, & Jenckes, Phoenix, Ariz., for Phelps Dodge Corp.

Before PREGERSON, POOLE, and NOONAN, Circuit Judges.


PREGERSON, Circuit Judge.

Phelps Dodge Corporation permanently replaced striking employees, including plaintiff Gordon Dockray. Phelps Dodge informed the strikers that they were not working because no work was available for them, rather than because they were on strike. Consequently, Phelps Dodge cancelled the strikers' entitlement to company medical insurance benefits. Dockray then applied to Phelps Dodge's company-administered pension plan for early retirement to...

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