No. 88-5194.

877 F.2d 637 (1989)

Erling W. ROCKNEY, Kenneth M. Knopf, Glendon K. Olson and Marvin E. Diers, Appellants, v. Gerard M. BLOHORN, Oliver A. Kimberly, Jr. and Does 1 through 10, Inclusive, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1989.

Attorney(s) appearing for the Case

Denis E. Grande, Minneapolis, Minn., for appellants.

Robert E. Woods, St. Paul, Minn., for appellees.

Before HEANEY and BEAM, Circuit Judges, and STUART, Senior District Judge.

STUART, Senior District Judge.

This is an action by four retired executives of Pako Corporation (Pako) to collect from Gerald M. Blohorn and Oliver A. Kimberly, Jr., personally, benefits due them under Pako's unfunded "Top Hat" pension and deferred compensation agreements. Plaintiffs allege defendants are liable as control persons under the language of the agreements and under the definition of "Employer" contained in the Employee Retirement Income Security Act of...

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