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  5. 788 F.2d 1186 (1986)
 

IN RE WHITE FARM EQUIPMENT CO.

Nos. 84-3870, 84-3986.

788 F.2d 1186 (1986)

In re WHITE FARM EQUIPMENT COMPANY, Debtor. Douglas J. HANSEN; Raymond Borrell; Louis P. Ellery; Anthony G. Obermeier; Pearl C. Lindahl; and Lenore Knutson, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. WHITE MOTOR CORPORATION, et al., Defendants, White Farm Equipment Company and T.I.C. Investment Corporation, Defendants-Appellants, (84-3870), John T. Grigsby, Jr., (White Motor Corporation), Trustee-Appellant, (84-3986).

United States Court of Appeals, Sixth Circuit.

Decided April 21, 1986.

As Amended on Denial of Rehearing and Rehearing June 4, 1986.

Attorney(s) appearing for the Case

Robin E. Phelan, argued, Danile E. Westbrook, Haynes & Boone, Dallas, Tex., Stanley Block and Charles B. Wolf, argued, Vedder, Price, Kaufman & Kammhol, Chicago, Ill., for defendants-appellants.

Russell C. Brown, argued, Doherty, Rumble & Butler, St. Paul, Minn., for plaintiffs-appellees.

G. Christopher Meyer, argued, William H. Baughman, Jr., Squire, Sanders & Dempsey, Cleveland, Ohio, and John Parks, argued, for defendants and trustee-appellant.

John M. Vine and Amy N. Moore, Covington & Burling, Washington, D.C., for amicus curiae Erisa Industry Committee.

Christopher B. Nelson, Kovar, Nelson & Brittain, Chicago, Ill., for amicus curiae Nat. Foundry Ass'n.

Leonard R. Page, Intern. Union, UAW, Detroit, Mich., and Bernard Kleinman, United Steel Workers of America, Pittsburgh, Pa., for amicus curiae Intern. Union, UAW and United Steelworkers of America, AFL-CIO:CLC (In support of plaintiffs-appellees).

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge, and PORTER, Senior District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc June 4, 1986.

WELLFORD, Circuit Judge.

This case raises serious questions concerning the attempted termination of certain insurance benefits under a welfare benefit plan for retired employees by an employer in the process of reorganization in bankruptcy. The benefits in question were not the subject of any collective bargaining agreement. There is involved in this controversy the application of the Employee...

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