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LOCAL 504 v. ROADMASTER CORP.

Nos. 89-1464, 90-2698.

954 F.2d 1397 (1992)

PRODUCTION AND MAINTENANCE EMPLOYEES' LOCAL 504, Laborers' International Union of North America, and Terry Groves, President of the Production and Maintenance Employees' Local 504 as a Participant in the Retirement Benefit Plan for Hourly-Paid Employees of Roadmaster Corporation, Plaintiffs-Appellees, Cross-Appellants, v. ROADMASTER CORPORATION, The Retirement Benefit Plan for Hourly-Paid Employees of Roadmaster Corporation, George C. Nebel and Robert O. Zinnen, as Directors of Roadmaster Corporation and Members of the Pension Finance Committee of the Plan and Thomas N. Krukonis, as the administrator and member of the Pension Finance Committee of the Plan, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 28, 1992.

Rehearing and Rehearing Denied March 6, 1992.

Attorney(s) appearing for the Case

Murphy Hart, Hart & Hart, Benton, Ill., Terese M. Connerton (argued), Theodore T. Green, James S. Ray, Connerton, Ray & Simon, Washington, D.C., for plaintiffs-appellees, cross-appellants.

David F. Loeffler (argued), Thomas P. Krukowski, Krukowski & Costello, Milwaukee, Wis., Kurtis B. Reeg, Belleville, Ill., for defendants-appellants, cross-appellees.

Before COFFEY and MANION, Circuit Judges, and WILL, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 6, 1992.

MANION, Circuit Judge.

The defendants, Roadmaster Corporation, the Retirement Benefit Plan for Roadmaster's hourly employees, two of Roadmaster's directors, and its plan administrator appeal the district court's decision finding that an amendment Roadmaster made to the plan violated §§ 204(g) and (h) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1054(g, h). The plaintiffs...

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