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CONSOLIDATED BEEF INDUSTRIES v. NEW YORK LIFE INS.

Nos. 90-5131, 90-5164.

949 F.2d 960 (1991)

CONSOLIDATED BEEF INDUSTRIES, INC., individually, and as a fiduciary under the C.B.I., Inc. Pension Plan, Appellant/Cross-Appellee, v. NEW YORK LIFE INSURANCE COMPANY; New York Life Insurance and Annuity Corporation, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 19, 1991.

Attorney(s) appearing for the Case

Elizabeth H. Martin, St. Paul, Minn., argued (Elizabeth H. Martin, Donald W. Niles and John D. Docken on the brief), for appellant.

Gary J. Haugen, Minneapolis, Minn., argued (Gary J. Haugen and Wayne S. Moskowitz on the brief), for appellee.

Before McMILLIAN and FAGG, Circuit Judges, and ARNOLD, District Judge.

McMILLIAN, Circuit Judge.

Consolidated Beef Industries, Inc. (CBI), appeals from a final order entered in the United States District Court1 for the District of Minnesota, granting summary judgment in favor of New York Life Insurance Company and New York Life Insurance and Annuity Corporation (collectively New York Life or NYL). The district court held that the Employee Retirement Income Security...

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