Legal Opinion

Kay Apponi, Class Action, Cross-Appellants v. Sunshine Biscuits, Inc., Cross-Appellee

Court of Appeals for the Sixth Circuit

Decided February 20, 1987No. 85-3782, 85-3783PublishedCited by 82 opinions

1Opinion of the Court

MILBURN, Circuit Judge.

Plaintiffs appeal and defendant cross-appeals from the district court’s judgment for plaintiffs in this action to recover retirement benefits pursuant to a collectively-bargained pension plan. For the reasons that follow, we reverse in part and remand.

I. FACTS

A. Procedural Facts

Plaintiffs, former employees of Sunshine Biscuits, Inc. (“Sunshine”) who had accumulated at least fifteen years of continuous service but were not fifty-five years of age in 1972 when Sunshine closed its Dayton, Ohio, bakery, brought this action on November 29, 1977, against defendant Sunshine…

2Cases cited33 opinions

  1. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  2. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  3. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  4. Local 174, Teamsters, Chauffeurs, Warehousemen & Helpers v. Lucas Flour Co.Supreme Court of the United States · 1962
  5. Republic Steel Corp. v. MaddoxSupreme Court of the United States · 1965

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3Cited by82 opinions

  1. Virginia Armistead, Cross-Appellants v. Vernitron Corporation Aie--Division of Vernitron Group Insurance Plan, Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1991
  2. Paul E. Black v. Tic Investment Corp. Stratton Georgoulis, Individually and James H. Slife, IndividuallyCourt of Appeals for the Seventh Circuit · 1990
  3. United States v. Morris Pearce, (89-3990), Alan Thorpe, (89-4003)Court of Appeals for the Sixth Circuit · 1990
  4. United States v. L.E. Cooke Company, Inc.Court of Appeals for the Sixth Circuit · 1993
  5. Nick Russo v. Health, Welfare & Pension Fund, Local 705, International Brotherhood of TeamstersCourt of Appeals for the Seventh Circuit · 1993

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