Legal Opinion

John Morrell & Co. v. United Food & Commercial Workers International Union

District Court, D. South Dakota

Decided June 24, 1993No. Civ. 91-4184PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

BATTEY, District Judge.

John Morrell & Co. (“Morrell”) brought this action under the Declaratory Judgment Act, 28 U.S.C.' § 2201 et seq. It seeks a determination that it'is entitled to unilaterally modify or terminate programs of health benefits provided to its retired hourly employees. Defendants UFCW and Benard J. Aning allege that the changes in the retirees’ health benefits constitute breaches of Morrell’s fiduciary duties as defined by section 404 of the Employee Retirement Income Security Act of 1974 (“ERISA”). They further claim that Morrell has dealt with assets of…

2Cases cited17 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  3. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  4. Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971
  5. International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (Uaw), and Local 134, Uaw v. Yard-Man, IncorporatedCourt of Appeals for the Sixth Circuit · 1983

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3Cited by4 opinions

  1. John Morrell & Co. v. United Food and Commercial Workers International Union, Afl-Cio Benard J. Aning, as Representative of a ClassCourt of Appeals for the Eighth Circuit · 1995
  2. Seabury Construction Corp. v. District Council of New York & Vicinity of the United Brotherhood of Carpenters & Joiners of AmericaDistrict Court, S.D. New York · 2006
  3. John Morrell & Co. v. United Food and Commercial Workers International Union, Afl-Cio Benard J. Aning, as Representative of a ClassCourt of Appeals for the Eighth Circuit · 1995
  4. Seabury Const. v. Dist. Council Ny and VicinityDistrict Court, S.D. New York · 2006

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