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LIBBY, McNEIL & LIBBY v. UNITED STEELWORKERS

No. 86-1502.

809 F.2d 1432 (1987)

LIBBY, McNEIL & LIBBY, CALIFORNIA CANNERS & GROWERS, a corporation, Plaintiff-Appellant, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO, an unincorporated labor organization, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 11, 1987.

Attorney(s) appearing for the Case

Ira Michael Shepard, Washington, D.C., for plaintiff-appellant.

Daniel P. McIntyre, Falmouth, Me., for defendant-appellee.

Before KENNEDY, TANG and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Libby, McNeil & Libby, Inc. ("Libby") sought a judgment declaring that its collective bargaining agreement with United Steelworkers of America ("the Union") did not obligate it to provide "Rule of 65" benefits in its pension plan.1 Libby contended it had never agreed to include these benefits, and if it had, it had done so by mistake. The magistrate found that Libby and the Union had mutually agreed...

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