REESER v. ESMARK, INC., PENSION BD.

Civ. No. 82-268-A.

714 F.Supp. 412 (1989)

Harold REESER and Arnold Royer, Plaintiffs, v. ESMARK, INC., PENSION BOARD, Defendant.

United States District Court, S.D. Iowa, C.D.

June 9, 1989.


Attorney(s) appearing for the Case

MacDonald Smith and Dennis M. McElwain of Smith & Smith, Sioux City, Iowa, for plaintiffs.

Robert C. Galbraith of Davis, Hockenberg, Wine, Brown, Koehn & Shors, Des Moines, Iowa, for defendant.


FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT FOR DEFENDANT

WOLLE, District Judge.

This action, arising under the Employee Retirement Income Security Act, 29 United States Code section 1001 et seq. (ERISA), was submitted on elaborate stipulations as well as the testimony of the plaintiffs at trial. The court established a schedule for filing post-trial briefs, then allowed the filing of additional briefs on the question of the applicability of a recent...

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