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HOWE v. VARITY CORPORATION

Nos. 93-2056, 93-2111.

41 F.3d 1263 (1994)

Charles HOWE; Robert Wells; Ralph W. Thompson; Patrick Mousel, on Behalf of Themselves and as Representatives of a Class of Persons Similarly Situated; John Altomare; Charles Barron; Alexander Charron; Charlotte Chiles; Anita Crowe; Ray Darr; Doris Guidicessi; Barnett Lucas; Robert Skromme; and Estate of Walter Smith, individually, Appellees/Cross-Appellants, v. VARITY CORPORATION and Massey Ferguson, Inc., Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

December 8, 1994.

Attorney(s) appearing for the Case

Floyd Abrams, New York City, argued (Thomas J. Kavaler and Howard G. Sloane, New York City, William J. Koehn and Deborah M. Tharnish, Des Moines, IA, Gerald P. Greiman and H. Todd Iveson, St. Louis, MO, on the brief), for appellant.

H. Richard Smith, Des Moines, IA, argued (Robert J. Schmit and William A. Gengler, Minneapolis, MN, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, HANSEN, Circuit Judge, and STOHR, District Judge.

PER CURIAM.

We have before us the motion of appellants for a clarification of our opinion filed September 29, 1994, 36 F.3d 746.

The motion is granted, and we offer the following additional explanation and guidance for the benefit of the District Court on remand.

It was not our intention to give any reinstated persons rights that do not appertain generally to members of the MF plan as it now exists. Any entitlement...

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