Legal Opinion

Libby, McNeil & Libby, California Canners & Growers, a Corporation v. United Steelworkers of America, Afl-Cio, an Unincorporated Labor Organization

Court of Appeals for the Ninth Circuit

Decided February 11, 1987No. 86-1502PublishedCited by 5 opinions

1Opinion of the Court

DAVID R. THOMPSON, Circuit Judge:

Libby, McNeil & Libby, Inc. (“Libby”) sought a judgment declaring that its collective bargaining agreement with United Steelworkers of America (“the Union”) did not obligate it to provide “Rule of 65” benefits in its pension plan. 1 Libby contended it had never agreed to include these benefits, and if it had, it had done so by mistake. The magistrate found that Libby and the Union had mutually agreed that Libby’s pension plan would be amended to contain whatever pension benefits American Can Company provided in its pension plan. American Can’s plan contained…

2Cases cited5 opinions

  1. M. F. Kemper Construction Co. v. City of Los AngelesCalifornia Supreme Court · 1951
  2. Winton Kemmis, Etc. v. James P. McGoldrick Etc.Court of Appeals for the Ninth Circuit · 1985
  3. Arizona Laborers, Teamsters and Cement Masons Local 395 Health and Welfare Trust Fund, a Trust, Plaintiffs/counterdefendants/appellants v. Conquer Cartage Company, an Arizona Corporation, Defendant/counterclaimant/appellee. Arizona Laborers, Teamsters and Cement Masons Local 395 Health and Welfare Trust Fund, a Trust, Plaintiffs/counterdefendants/appellees v. Conquer Cartage Company, an Arizona Corporation, Defendant/counterclaimant/appellantCourt of Appeals for the Ninth Circuit · 1985
  4. Construction Teamsters Health & Welfare Trust v. Con Form Construction Corp.Court of Appeals for the Ninth Circuit · 1981
  5. Architects & Contractors Estimating Service, Inc. v. SmithCalifornia Court of Appeal · 1985

3Cited by5 opinions

  1. Prudential Insurance Co. of America v. S.S. American LancerCourt of Appeals for the Second Circuit · 1989
  2. United States v. FiguerolaCourt of Appeals for the Ninth Circuit · 1995
  3. Smith-Irving v. Comm'rUnited States Tax Court · 2009
  4. The Prudential Insurance Company Of America v. S.S. American LancerCourt of Appeals for the Second Circuit · 1989
  5. United States v. FiguerolaCourt of Appeals for the Ninth Circuit · 1995

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