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McLENDON v. CONTINENTAL CAN CO.

No. 89-5596.

908 F.2d 1171 (1990)

Cecil McLENDON, Don Vandertulip, Jimmie Carthan, Jr. and Konrad Trojniar, on their own behalf and on behalf of all others similarly situated v. CONTINENTAL CAN COMPANY, a corporation, a New York corporation incorporated in 1913; Continental Can Company, Inc., a Delaware corporation; Continental Packaging Company, Inc., a Delaware corporation; The Continental Group, Inc., a New York corporation incorporated in 1982; and KMI Continental Inc., a New York corporation, Appellants, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO.

United States Court of Appeals, Third Circuit.

Decided July 26, 1990.

As Amended August 14, 1990.

Attorney(s) appearing for the Case

Nicholas DeB. Katzenbach (argued), Douglas S. Eakeley, Riker, Danzig, Scherer & Hyland, Morristown, N.J., for appellants.

Robert Plotkin (argued), John G. Jacobs, Plotkin & Jacobs, Ltd., Robert D. Allison, Chicago, Ill., Daniel P. McIntyre, Falmouth, Me., for appellees.

Before HIGGINBOTHAM, Chief Judge, and BECKER and NYGAARD, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this class action based on § 510 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1140, and the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961 et seq., defendant, The Continental Group ("Continental"), appeals from that portion of the district court order granting permanent injunctive relief...

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