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APPONI v. SUNSHINE BISCUITS, INC.

Nos. 85-3782, 85-3783.

809 F.2d 1210 (1987)

Kay APPONI, et al., Class Action, Plaintiffs-Appellees, Cross-Appellants, v. SUNSHINE BISCUITS, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 15, 1987.

Rehearing and Rehearing Denied February 18, 1987.

Rehearing Denied February 20, 1987.

Attorney(s) appearing for the Case

David S. Cupps (argued), Vorys, Sater, Seymour and Pease, Columbus, Ohio, Jonathan R. Vaughn, Thomas E. Bezanson, Audrey Kevy Wilner, Chadbourne, Parke, Whiteside, & Wolff, New York City, for defendant-appellant, cross-appellee.

Asher Bogin (argued), Dayton, Ohio, for plaintiffs-appellees, cross-appellants.

Before WELLFORD and MILBURN, Circuit Judges, and DeMASCIO, District Judge.

Rehearing and Rehearing En Banc Denied February 18, 1987.

MILBURN, Circuit Judge.

Plaintiffs appeal and defendant cross-appeals from the district court's judgment for plaintiffs in this action to recover retirement benefits pursuant to a collectively-bargained pension plan. For the reasons that follow, we reverse in part and remand.

I. FACTS

A. Procedural Facts

Plaintiffs, former employees of Sunshine Biscuits, Inc. ("Sunshine...

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