Legal Opinion

Foster Medical Corporation Employees' Pension Plan v. Healthco, Inc. And the Amended and Restated Healthco Employees' Pension Plan

Court of Appeals for the First Circuit

Decided January 25, 1985No. 84-1716PublishedCited by 27 opinions

1Opinion of the Court

MALETZ, Senior Judge.

Plaintiffs appeal from the district court’s entry of summary judgment for defendants in a contract and ERISA action. For the reasons that follow, the judgment below is affirmed in part and reversed and remanded in part.

I. Background

The action arises from a so-called “spinoff” transaction, in which defendant Healthco, Inc. (Healthco) sold the assets and liabilities of its Medical Division to Foster Medical Distribution Corporation (Foster) — which is not a party to this action — for approximately $28 million. The sale agreement, which is dated December 31, 1980, provided…

2Cases cited12 opinions

  1. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  2. Robert C. Hahn v. Francis W. SargentCourt of Appeals for the First Circuit · 1975
  3. International Brotherhood of Teamsters v. DanielSupreme Court of the United States · 1979
  4. Airco Alloys Division v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  5. Victor Decosta v. Columbia Broadcasting System, Inc.Court of Appeals for the First Circuit · 1975

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

3Cited by27 opinions

  1. Ines Torres Vargas v. Dr. Manuel Santiago CummingsCourt of Appeals for the First Circuit · 1998
  2. Richard G. Allen v. Adage, Inc.Court of Appeals for the First Circuit · 1992
  3. Campbell v. Emory ClinicCourt of Appeals for the Eleventh Circuit · 1999
  4. Morales-Vallellanes v. United States PostalCourt of Appeals for the First Circuit · 2003
  5. United Steelworkers of America, Local 2116, Russell Whisman, Darrell Tucker, G.R. Jones, and David Jewell v. Cyclops CorporationCourt of Appeals for the Sixth Circuit · 1988

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

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