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HAWKEYE NAT. LIFE INS. CO. v. AVIS INDUS. CORP.

Nos. 96-3045, 96-3097.

122 F.3d 490 (1997)

HAWKEYE NATIONAL LIFE INSURANCE COMPANY, Plaintiff, v. AVIS INDUSTRIAL CORPORATION; Edgerton Forge, Inc., Appellants, Steel Technologies, Inc.; Midwest Plating and Chemical Corporation, Defendants, Metal Polishers, Buffers, Platers and Allied Workers International Union; Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 15; Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 24; Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 301; Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 305, Appellees. HAWKEYE NATIONAL LIFE INSURANCE COMPANY, Plaintiff, v. AVIS INDUSTRIAL CORPORATION; Edgerton Forge, Inc., Appellees, Steel Technologies, Inc.; Midwest Plating and Chemical Corporation, Defendants, Metal Polishers, Buffers, Platers and Allied Workers International Union; Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 15; Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 24; Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 301; Metal Polishers, Buffers, Platers and Allied Workers International Union, Local 305, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 28, 1997.

Attorney(s) appearing for the Case

Douglas Dormire Powers, Fort Wayne, IN, argued (Lisa M. Dillman, on the brief), for appellant.

William C. Hirsch, Cincinnati, OH, argued, for appellee.

Before MAGILL and MURPHY, Circuit Judges, and GOLDBERG, Judge.

MAGILL, Circuit Judge.

Hawkeye National Life Insurance Company (Hawkeye), the administrator of the Metal Polishers, Buffers, Platers and Allied Workers International Union Pension Plan (Plan), brought this declaratory judgment action under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (1994 & Supp.1995). Hawkeye seeks declaratory relief for its decision to distribute the Plan's...

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