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BIGGER v. AMERICAN COMMERCIAL LINES, INC.

No. 83-1310-CV-W-8.

677 F.Supp. 626 (1988)

John P. BIGGER, Harold H. Clokey, Barbara J. Wackly, Robert F. Wiegel, Individually and on behalf of similarly situated participants of the American Carriers Pension Plan and the American Commercial Lines Pension Plan, Plaintiffs, v. AMERICAN COMMERCIAL LINES, INC., a Delaware Corporation, Meidinger, Inc., a Kentucky Corporation, First Kentucky Trust Company, a Kentucky Corporation, Texas Gas Transmission Corporation, a Delaware Corporation, American Commercial Lines Pension Plan, an employee benefit plan, Defendants.

United States District Court, W.D. Missouri, W.D.

January 25, 1988.

Attorney(s) appearing for the Case

Kent E. Whittaker, Terrence Ahern, Hillix, Brewer, Hoffhaus & Whittaker, Kansas City, Mo., for plaintiffs.

Robert M. Kroenert, Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, Mo., Hal N. Bogard, Brown, Todd & Heyburn, Louisville, Ky., for American Commercial Lines, Inc.

Dennis D. Palmer, Shughart, Thomson & Kilroy, Kansas City, Mo., for Meidinger, Inc.

J. Scott Merritt, Jr., Stinson, Mag & Fizzell, Kansas City, Mo., Gary D. Garrison, Ivan J. Schell, Ewen, MacKenzie & Peden, P.S.C., Louisville, Ky., for First Kentucky Trust Co.

David W. Shinn, Shook, Hardy & Bacon, Kansas City, Mo., Peter J. Nickles, John H. Schafer, Covington & Burling, Washington, D.C., for Texas Gas Transmission Corp.

Edward A. Scallet, Thompson & Mitchell, Washington, D.C., for American Commercial Lines, Inc. Pension Plan.

MEMORANDUM OPINION AND JUDGMENT

STEVENS, District Judge.

This matter was tried to the court and thereafter the parties submitted post-trial briefs. Having heard and examined the evidence and having considered the parties' briefs, the court today enters its findings of fact and conclusions of law, Fed.R.Civ.P. 52(a).1

I. Findings of Fact

1. At all times relevant to this lawsuit, American Carriers, Inc...

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