HOWE v. VARITY CORP.

Nos. 93-2056, 93-2111.

36 F.3d 746 (1994)

Charles HOWE; Robert Wells; Ralph W. Thompson; Charlotte Chiles; Patrick Mousel, on Behalf of Themselves and as Representatives of a Class of Persons Similarly Situated; John Altomare, to the extent of his claims arising from becoming disabled while working for Massey Ferguson, Inc.; Charles Barron; Alexander Charron; 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.

Decided September 29, 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 appellants.

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

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


RICHARD S. ARNOLD, Chief Judge.

This case arises under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. (ERISA). The plaintiffs are two classes of former employees of Massey Combines Corporation (MCC) and ten individual former employees of Massey-Ferguson, Inc. (M-F). The defendants are Varity Corporation, which controlled MCC, and M-F, Varity's wholly owned subsidiary. The District Court1 held in favor...

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