Legal Opinion

Donald W. Stearns, on Behalf of Himself and All Others Similarly Situated, Plaintiffs-Appellees/cross v. Ncr Corporation, Defendants-Appellants/cross

Court of Appeals for the Eighth Circuit

Decided September 4, 2002No. 01-1896, 01-1901PublishedCited by 33 opinions

1Opinion of the Court

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 judgment. Plaintiffs asserted that the more generous benefits offered as part of the 1993 early retirement program are vested and unalterable. NCR argued that it reserved the right to modify these benefits in the relevant…

2Cases cited11 opinions

  1. Robert D. Sprague, Plaintiffs-Appellees/cross-Appellants v. General Motors Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1998
  2. Curtiss-Wright Corp. v. SchoonejongenSupreme Court of the United States · 1995
  3. George G. Wise v. El Paso Natural Gas CompanyCourt of Appeals for the Fifth Circuit · 1993
  4. Dolores Frahm v. The Equitable Life Assurance Society of the United StatesCourt of Appeals for the Seventh Circuit · 1998
  5. Joyce v. Curtiss-Wright Corp.Court of Appeals for the Second Circuit · 1999

6 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Maytag Corp. v. International Union, United Automobile, Aerospace & Agricultural Implement WorkersCourt of Appeals for the Eighth Circuit · 2012
  2. Crown Cork & Seal Co. v. International Ass'n of MacHinists & Aerospace WorkersCourt of Appeals for the Eighth Circuit · 2007
  3. Cole v. International Union, United Automobile, Aerospace & Agricultural Implement WorkersCourt of Appeals for the Eighth Circuit · 2008
  4. Halbach Ex Rel. Estate of Lewis v. Great-West Life & Annuity InsuranceCourt of Appeals for the Eighth Circuit · 2009
  5. Balestracci v. NSTAR Electric & Gas Corp.Court of Appeals for the First Circuit · 2006

28 more not listed; retrieve them via the Exa API.

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