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NATIONAL AUTO. DEALERS v. ARBEITMAN

Nos. 95-3137, 95-3230 and 95-3231.

89 F.3d 496 (1996)

NATIONAL AUTOMOBILE DEALERS AND ASSOCIATES RETIREMENT TRUST; Anthony Ursomarso; Stephen M. Qua; Frank R. Anderson, Jr.; William S. Dodge; David E. Gezon; Ray Green; Mark Miller; Jimmy C. Payton; Jack T. Price; Richard R. Smith; Frank E. McCarthy, Plaintiffs, Patricia A. Arbeitman; Brooke Ann Arbeitman; Christopher Michael Arbeitman, Appellee/Cross-Appellants, v. Donna M. ARBEITMAN, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1996.

Attorney(s) appearing for the Case

Robert Jay Brummond, St. Louis, MO, argued (Lawrence S. Denk, on the brief), for appellants.

Michael A. Wolff, Clayton, MO, argued (Charles Alan Seigal, III, on the brief), for appellee.

Before McMILLIAN, JOHN R. GIBSON, and BOWMAN, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Harold Arbeitman was employed by two Dodge dealerships, Royal Parkway Dodge, Inc. and Royal Gate Dodge, Inc., both of which had pension funds established under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461 (1994). Harold died and the trustees of both funds filed this interpleader action to determine their liability to Patricia Arbeitman, his first wife from whom he was divorced, who was named as beneficiary...

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