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STEARNS v. NCR CORP.

Nos. 01-1896, 01-1901.

297 F.3d 706 (2002)

Donald W. STEARNS, on behalf of himself and all others similarly situated, Plaintiffs-Appellees/Cross Appellants, v. NCR CORPORATION, et al., Defendants-Appellants/Cross Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2002.

Rehearing and Rehearing Denied: September 4, 2002.

Attorney(s) appearing for the Case

Lee A. Freeman, argued, Chicago, IL, for appellant.

Jordan M. Lewis, argued, Milwaukee, WI, for appellee.

Before: LOKEN, FAGG, and RILEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: September 4, 2002.*

LOKEN, Circuit Judge.

In late 1998, when NCR Corporation announced that it would reduce retirees' health care benefits, Donald W. Stearns commenced this class action on behalf of former salaried employees who had participated in an early retirement program offered by NCR in the fall of 1993. Following certification of the class, the parties filed cross motions for summary...

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