David C. Hepple v. Roberts & Dybdahl, Inc., Restated Employee Profit-Sharing Plan

ARNOLD, Circuit Judge.

David C. Hepple brought this action to recover benefits allegedly due under his former employer’s Employee Profit Sharing Plan and Trust. The company had denied Hepple any benefits because of his violation of a non-competition clause contained in the Plan. On cross-motions for summary judgment the District Court (the Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa) held that the clause did not violate the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C § 1001 et seq., and granted summary judgment for defendant.…