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STEWART v. KHD DEUTZ OF AMERICA CORP.

No. 94-8547.

75 F.3d 1522 (1996)

Ronald STEWART, David Kirchoff, Darrell L. Howard, Louis Kubitschek, John Tuckness, Ronald Keltner, on behalf of themselves and other persons similarly situated, Plaintiffs-Appellants, v. KHD DEUTZ OF AMERICA CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 28, 1996.

Attorney(s) appearing for the Case

Janae L. Schaeefer, Jolley, Walsh & Hager, Kansas City, MO, Norman J. Slawsky, Jacobs & Slawsky, Atlanta, GA, Jeremiah A. Collins, Roger L. Pollak, Andrew D. Roth, Bredhoff & Kaiser, Washington, DC, for appellants.

Howard Shapiro, Steven R. Cupp, McCalla, Thompson, Pyburn & Ridley, New Orleans, LA, for appellee.

Before HATCHETT, DUBINA and BLACK, Circuit Judges.

HATCHETT, Circuit Judge:

As a matter of first impression in this circuit, the court holds that a jury trial is available to plaintiffs in a breach of contract lawsuit brought under section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a), and when a hybrid LMRA and Employee Retirement Income Security Act (ERISA) (29 U.S.C. § 1104(a), 1132(a)(1)(B), and § 1132(a)(3)), lawsuit is brought.

FACTS

In May 1985, appellee...

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