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HUNGER v. AB

No. 92-2729.

12 F.3d 118 (1993)

Richard H. HUNGER; Lloyd L. Betcher; Lawrence F. Possehl, on behalf of themselves and all others similarly situated, Appellants, v. AB; CD; EF; GH, whose true and correct names are unknown; Plan Administrators, Fiduciaries, Named Fiduciaries, Committee Members and Trustees of the Clevite Industries, Inc. Hourly Retirement Plan; The Pullman Company; Clevite Industries, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 17, 1993.

Rehearing Denied January 21, 1994.

Attorney(s) appearing for the Case

Richard A. Miller, Minneapolis, MN, argued, for appellants.

Brian D. Pedrow, Philadelphia, PA, argued, for appellees.

Before BEAM, Circuit Judge, ROSS, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

ROSS, Senior Circuit Judge.

Appellants Hunger, Betcher and Possehl, former employees of Clevite Industries, Inc., appeal from the district court's grant of summary judgment against them based on its conclusion that the anti-cutback provision of ERISA, section 204(g), 29 U.S.C. § 1054(g), did not preclude the elimination of their early retirement subsidy. Based on our careful review of the record, briefs and arguments of the parties, we affirm the decision of...

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