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ANDERSON v. ALPHA PORTLAND INDUSTRIES, INC.

No. 86-2483.

836 F.2d 1512 (1988)

Robert ANDERSON, Jr., et al., Appellants, v. ALPHA PORTLAND INDUSTRIES, INC., formerly known as Alpha Portland Cement Company, Insurance and Health Plan for Hourly Employees, The Equitable Life Assurance Society of the United States, Appellees, v. INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, CEMENT, LIME, GYPSUM & ALLIED WORKERS DIVISION OF INTERNATIONAL BOILERMAKERS, Charles F. Fuch, Charles C. Huntbach, (Third Party Defendants Below), United States of America, (Intervenor Below).

United States Court of Appeals, Eighth Circuit.

Decided January 13, 1988.

Rehearings and Rehearings Denied March 14, 1988.

Attorney(s) appearing for the Case

Sheldon Weinhaus, St. Louis, Mo., for appellants.

Michael Biggers, New York City, for appellees.

Before McMILLIAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BEAM, Circuit Judge.

Rehearings and Rehearings En Banc Denied March 14, 1988.

FLOYD R. GIBSON, Senior Circuit Judge.

Plaintiffs appeal from the judgment of the district court1 in favor of Alpha Portland Industries, Inc. (Alpha) and The Equitable Life Assurance Society of the United States (Equitable) in this case involving the Employee Retirement Income Security Act (ERISA) and the Labor Management Relations Act (LMRA). Plaintiffs are a class of former...

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