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ARMISTEAD v. VERNITRON CORP.

Nos. 89-6405, 89-6406.

944 F.2d 1287 (1991)

Virginia ARMISTEAD, et al., Plaintiffs-Appellees, Cross-Appellants, v. VERNITRON CORPORATION; AIE — Division of Vernitron Group Insurance Plan, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 24, 1991.

Rehearing and Rehearing Denied November 5, 1991.

Attorney(s) appearing for the Case

James G. Stranch, III, Branstetter, Kilgore, Stranch & Jennings, Nashville, Tenn., William T. Payne (argued and briefed), Schwartz, Steinsapir, Dohrmann & Sommers, Los Angeles, Cal., Franklin G. Shuler, Jr., Birmingham, Ala., for plaintiffs-appellees cross-appellants.

Douglas R. Pierce, Kenneth E. Douthat, King & Ballow, Nashville, Tenn., Harrison C. Thompson, Jr., Thomas M. Gonzalez (argued), Ronald W. Fraley (briefed), Thompson, Sizemore & Gonzalez, Tampa, Fla., for defendants-appellants cross-appellees.

Cathy Ventrell-Monsees, Washington, D.C., for the American Ass'n of Retired Persons (AARP), amicus curiae.

Before GUY and BOGGS, Circuit Judges, and BERTELSMAN, District Judge.

Rehearing and Rehearing En Banc Denied November 5, 1991.

BOGGS, Circuit Judge.

Plaintiffs are a class of thirty-three persons formerly employed at the Nashville, Tennessee plant of Aladdin Industries Electronics Division ("AIED"), a subsidiary of defendant Vernitron Corporation ("Vernitron"). They are represented by the United Steel Workers, AFL-CIO-CLC ("United Steel Workers" or "the union"). When Vernitron decided...

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