Legal Opinion

Elmore v. Cone Mills Corp.

Court of Appeals for the Fourth Circuit

Decided September 22, 1993No. Nos. 92-1362, 92-1363, 92-1404 and 92-1482PublishedCited by 81 opinions

1Opinion of the Court

OPINION

WILLIAMS, Circuit Judge:

In these cross-appeals the primary issue we must decide is whether representations by an employer made prior to the adoption of an Employee Stock Ownership Plan, but not incorporated into the formal plan documents, are enforceable against the employer. We conclude that such representations are not enforceable under the Employee Retirement Income Security Act (ERISA), 29 U.S.C.A. §§ 1001-1461 (West 1985 & Supp.1993), and reverse the district court’s findings and conclusions to the contrary. We affirm, however, the district court’s conclusions that the employer…

2Cases cited19 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Donovan v. DillinghamCourt of Appeals for the Eleventh Circuit · 1982
  3. Scott v. Gulf Oil Corp.Court of Appeals for the Ninth Circuit · 1985
  4. Paul E. Black v. Tic Investment Corp. Stratton Georgoulis, Individually and James H. Slife, IndividuallyCourt of Appeals for the Seventh Circuit · 1990
  5. Provident Life & Accident Insurance Company v. Mary J. Waller, Provident Life & Accident Insurance Company v. Mary J. WallerCourt of Appeals for the Fourth Circuit · 1990

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3Cited by81 opinions

  1. Mark Diak v. Dwyer, Costello & Knox, P.C., Terrance D. Knox, and John E. DwyerCourt of Appeals for the Seventh Circuit · 1994
  2. Stiltner v. Beretta U.S.A. Corp.District Court, D. Maryland · 1994
  3. William J. Elmore Wayne Comer, Individually and as Representatives of a Class of Similarly Situated v. Cone Mills Corporation Cone Mills Acquisition Corporation Dewey L. Trogdon Lacy G. Baynes, and Paul W. Stephanz Wachovia Bank and Trust Company, N.A., (Three Cases). William J. Elmore Wayne Comer, Individually and as Representatives of a Class of Similarly Situated v. Cone Mills Corporation Cone Mills Acquisition Corporation Dewey L. Trogdon Lacy G. Baynes, and Paul W. Stephanz Wachovia Bank and Trust Company, N.A.Court of Appeals for the Fourth Circuit · 1993
  4. (HC) Meza v. PfeifferDistrict Court, E.D. California · 2021
  5. (HC) Nelson v. LozanoDistrict Court, E.D. California · 2021

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