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AMERICAN FEDERATION OF GRAIN v. INTERN. MULTIFOODS

No. 1096, Docket 96-7948.

116 F.3d 976 (1997)

AMERICAN FEDERATION OF GRAIN MILLERS, AFL-CIO and Its Local Union Nos. 1, 4, 16, 36, 37, 55, 85,88, 118, 122, and 226, Theodore David, Robert Holub, Dean D. Vail, Bernell B. Osterman, Russell D. Adams, Lewis E. Bertollini, Edward B. Kohout, Kenneth J. Mulhisen, James J. Wiskerchen, Joseph B. Devich, Harold Fortwengler, Peter J. Hanson, John F. Hedden, Lawrence Groves, Edward Adamczyk, Plaintiffs-Appellants, v. INTERNATIONAL MULTIFOODS CORPORATION, The Term Life, Accidental Death and Dismemberment, Accident and Sickness Insurance and Health Care Coverages for Hourly Employees Covered by the Master Agreement Between International Multifoods Corporation and The American Federation of Grain Millers AFL-CIO ("The Plan"), Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 23, 1997.

Attorney(s) appearing for the Case

Richard Helfand, Kansas City, MO (Panethiere & Helfand, Kansas City, MO, William E. Grande, Kenmore, NY, of counsel), for Plaintiffs-Appellants.

Daniel C. Gerhan, Minneapolis, MN (Paul W. Heiring, Faegre & Benson, Minneapolis, MN, H. Kenneth Schroeder, Jr., Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, NY, of counsel), for Defendants-Appellees.

Before: VAN GRAAFEILAND, MESKILL and CABRANES, Circuit Judges.

MESKILL, Circuit Judge:

For many years, the International Multifoods Corp. (Multifoods) paid the entire premium required to provide medical insurance to its retirees. However, in 1992 Multifoods announced that in the future, if premiums increased at a rate faster than an inflationary measure selected by Multifoods, the retirees would have to pay the difference to maintain medical insurance.

The American Federation of Grain Millers (AFGM), several of AFGM's...

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