AMERICAN STORES v. AMERICAN STORES CO. RET. PLAN

No. 86-C-0542J.

716 F.Supp. 1392 (1989)

AMERICAN STORES COMPANY, a Delaware corporation, William B. Coon, an individual, and John P. Stransky, an individual, Plaintiffs, v. AMERICAN STORES COMPANY RETIREMENT PLAN and American Stores Company Benefit Plans Committee, Defendants.

United States District Court, D. Utah, C.D.

May 22, 1989.


Attorney(s) appearing for the Case

Craig R. Mariger, Jones Waldo, Holbrook & McDonough, Salt Lake City, Utah, and Martin C. Washton, David West and David P. Restaino, Gibson, Dunn & Crutcher, Los Angeles, Cal., for plaintiffs.

David E. Salisbury, David A. Greenwood and Steven D. Woodland, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for defendants.


MEMORANDUM OPINION AND ORDER

JENKINS, Chief Judge.

The matter before the court on cross-motions for summary judgment is whether the elimination of the "Rule of 80 Pension," an early retirement provision, from the defendant pension plan, was permissible under the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1368 (1974, as amended) and the relevant provisions of the Internal Revenue Code ("I.R.C."), 26 U.S.C. §...

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