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BRYANT v. INTERNATIONAL FRUIT PRODUCTS CO., INC.

Nos. 85-3183, 85-3229.

793 F.2d 118 (1986)

James BRYANT, et al., Plaintiffs-Appellants, v. INTERNATIONAL FRUIT PRODUCTS COMPANY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 12, 1986.

Rehearing Denied July 10, 1986.

Attorney(s) appearing for the Case

Paul H. Tobias (argued), Tobias & Kraus, Cincinnati, Ohio, for plaintiffs-appellants.

Clement J. DeMichelis (argued), Harold S. Freeman, Cincinnati, Ohio, for defendants-appellees.

Before LIVELY, Chief Judge, and MERRITT and WELLFORD, Circuit Judges.

LIVELY, Chief Judge.

This action was brought under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq. (1982). The question for decision is whether the employer effectively amended a pension plan to provide that upon termination, any excess funds in the trust after payment of defined benefits to participants would revert to the employer. The district court determined that the employer had lawfully amended the plan...

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