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RICKE v. ARMCO INC.

No. 95-2367.

92 F.3d 720 (1996)

Larry B. RICKE, Trustee of Trust Established Pursuant to Section 4049 of the Employee Retirement Income Security Act of 1974, Appellee, v. ARMCO INC., Appellant. Pension Benefit Guaranty Corporation, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1996.

Rehearing and Suggestion for Rehearing Denied October 21, 1996.

Attorney(s) appearing for the Case

David A. Ranheim, Minneapolis, MN, argued (Paul R. Dieseth, on the brief), for appellant.

Samuel L. Hanson, Minneapolis, MN, argued (Charles B. Rogers and Janel E. LaBoda, on the brief), for appellee.

James J. Keightley, William G. Beyer, Stephen D. Schreiber and Kartar S. Khalsa, Washington, DC, on the brief of amicus curiae Pension Benefit Guaranty Corp.

Before BOWMAN and LOKEN, Circuit Judges, and SCHWARZER, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied October 21, 1996.

BOWMAN, Circuit Judge.

This interlocutory appeal comes to us from the District Court's denial of the summary judgment motion of Armco Inc. Our jurisdiction is based on 28 U.S.C. § 1292(b) (1994). The gravamen of Armco's motion for summary judgment and the primary issue in this appeal is Armco's contention that this action for recovery of pension benefits, brought by Larry B. Ricke...

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