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JOHN MORRELL v. UNITED FOOD & COMMERCIAL WKR'S

No. Civ. 91-4184.

825 F.Supp. 1440 (1993)

JOHN MORRELL & CO., Plaintiff, v. UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, AFL-CIO, and Benard J. Aning, personally and as a representative of a defendant class of others similarly situated, Defendants.

United States District Court, D. South Dakota, S.D.

June 24, 1993.

Attorney(s) appearing for the Case

Jeremiah D. Murphy, Sioux Falls, SD, Wilber H. Boies, Maria G. Arias-Chapleau, Chicago, IL, for plaintiff.

Donald R. Shultz, Rapid City, SD, Irving M. King, Chicago, IL, for defendants.

MEMORANDUM OPINION

BATTEY, District Judge.

John Morrell & Co. ("Morrell") brought this action under the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq. It seeks a determination that it is entitled to unilaterally modify or terminate programs of health benefits provided to its retired hourly employees. Defendants UFCW and Benard J. Aning allege that the changes in the retirees' health benefits constitute breaches of Morrell's fiduciary...

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