AMERICAN STORES COMPANY, a Delaware Corporation; William B. Coon, an individual; and John P. Stransky, an individual, Plaintiffs-Appellants,
v.
AMERICAN STORES COMPANY RETIREMENT PLAN; American Stores Company Benefit Plans Committee, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
March 26, 1991.
March 26, 1991.
Attorney(s) appearing for the Case
Martin C. Washton of Gibson, Dunn & Crutcher, Los Angeles, Cal., (David E. West, David P. Restaino, and Joseph J. Bader of Gibson, Dunn & Crutcher, Los Angeles, Cal., and Craig R. Mariger of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, with him on the briefs), for plaintiffs-appellants.
David A. Greenwood (Steven D. Woodland, with him on the brief) of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for defendants-appellees.
Steven S. Zaleznick, Cathy Ventrell-Monsees, and Robert L. Liebross, (William K. Carr of Ireland, Stapleton, Pryor & Pascoe, P.C., Denver, Colo., of counsel), filed a brief for amicus curiae, American Ass'n of Retired Persons.
Before MOORE, BRORBY, and EBEL, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
EBEL, Circuit Judge.
In this case, we consider whether the district court erred in concluding that plaintiffs-appellants, American Stores Company, William B. Coon,1 and John P. Stransky2 ("American Stores"), violated § 204(g) of the Employee Retirement Income Security Act ("ERISA"), Pub.L. No. 93-406, 88 Stat. 858 (codified as amended in 29 U.S.C. § 1054(g)), as that provision read prior to its amendment...
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