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BLESSITT v. RETIRE. PLAN FOR EMP. OF DIXIE ENGINE

No. 86-8123.

817 F.2d 1528 (1987)

George G. BLESSITT and Willie Neal, Jr., Plaintiffs-Appellants, v. RETIREMENT PLAN FOR EMPLOYEES OF DIXIE ENGINE CO., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 1, 1987.

Attorney(s) appearing for the Case

James S. Altman, Richard D. Ellenberg, P.C., Atlanta, Ga., for plaintiffs-appellants.

David M. Leonard, Daniel P. Johnson, Harvey R. Spiegel, Atlanta, Ga., for defendants-appellees.

Before HILL and JOHNSON, Circuit Judges, and HENLEY, Senior Circuit Judge.

HENLEY, Senior Circuit Judge:

George G. Blessitt and Willie Neal, Jr. appeal from the entry of summary judgment in favor of Dixie Engine Co. and J.P. Jung on their claim that appellees violated the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 — 1461 (ERISA), and on their claim for attorney's fees. We affirm in part, reverse in part and remand with instructions.

On December 31, 1982 Dixie Engine's retirement plan was terminated...

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