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ALDAY v. CONTAINER CORP. OF AMERICA

No. 89-3476.

906 F.2d 660 (1990)

Robert N. ALDAY, Individually, and on behalf of all participants in the Container Corp. of America Salaried Retiree Health Insurance Program as of December 31, 1989, Plaintiffs-Appellants, v. CONTAINER CORPORATION OF AMERICA, The Jefferson Smurfit Corporation, Smurfit Pension and Insurance Co., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 24, 1990.

Attorney(s) appearing for the Case

John F. MacLennan, Jacksonville, Fla., Marvin J. Lewis, Collegeville, Pa., for plaintiffs-appellants.

William S. Burns, Jr., Jacksonville, Fla., Columbus R. Ganegmi, Jr., William G. Miossi, Kathleen McCarthy Binning, Richard H. Winters, Chicago, Ill., for defendants-appellees.

Before KRAVITCH, Circuit Judge, RONEY, and ALDISERT, Senior Circuit Judges.

KRAVITCH, Circuit Judge:

Plaintiff Robert N. Alday, individually and as the representative of a class of approximately one thousand participants in a retiree health insurance program, brought suit against the Container Corporation of America ("CCA"), the Jefferson Smurfit Corporation ("JSC"), and Smurfit Pension and Insurance Company ("SPI").1 Alday challenged CCA's decision, effective January...

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