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DYCE v. SALARIED EMPLOYEES' PENSION PLAN

No. 92-2635.

15 F.3d 163 (1994)

John W. DYCE, Eldridge Cobb, Art I. Dumond, Dennis L. Ellingson, Paul A. Green, James R. Himes, Charles P. Lynch, Jack G. Maltese, David E. Merritt, George F. Mulkins, Ernest Riesen, Edwin R. Waters, William Wright, Plaintiffs-Appellants, v. SALARIED EMPLOYEES' PENSION PLAN OF ALLIED CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 1, 1994.

Attorney(s) appearing for the Case

John Finlay MacLennan, Smith, Hulsey & Busey, Jacksonville, FL, for plaintiffs-appellants.

John Firth Dickinson, Corbin, Dickinson, Duvall & Margulies, Jacksonville, FL, for defendant-appellee.

Before COX, Circuit Judge, MORGAN and HENDERSON, Senior Circuit Judges.

MORGAN, Senior Circuit Judge:

Appellants brought this action pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. ("ERISA") after Appellants applied for and were denied immediate early retirement benefits. Appellants contend that the sale of their employer to a separate entity terminated their employment for purposes of early retirement benefits, even though they continued to work for the new entity. Appellants argue...

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