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BARKER v. CERIDIAN CORP.

No. 99-1434.

193 F.3d 976 (1999)

Kent P. BARKER; Carla J. McAndrews; Martin J. Timmons, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. CERIDIAN CORPORATION, a Delaware, corporation, individually and as successor in interest to Control Data Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 21, 1999.

Rehearing and Rehearing Denied December 10, 1999.

Attorney(s) appearing for the Case

Norman J. Baer, Minneapolis, MN, argued (Terrence M. Fruth and Paul M. Floyd, Minneapolis, MN, on the brief), for Appellant.

Richard A. Kaplan, Minneapolis, MN, argued (Madge S. Thorsen, Minneapolis, MN, and Matthew B. Newman, Edina, MN, on the brief), for Appellee.

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

Rehearing and Rehearing En Banc Denied December 10, 1999.

JOHN R. GIBSON, Circuit Judge.

This ERISA welfare benefits case comes before us a second time, after a bench trial and a judgment in favor of Ceridian Corporation, the employer. Kent Barker, Carla McAndrews, and Martin Timmons, on behalf of themselves and a class of Ceridian employees who were disabled before January 1, 1991, sued to recover benefits under Ceridian's1 long...

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