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WALSH v. GREAT ATLANTIC & PACIFIC TEA CO., INC.

No. 83-5279.

726 F.2d 956 (1983)

William I. WALSH, on his own Behalf and on Behalf of all Those Similarly Situated, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a corporation organized under the laws of the State of Maryland, Employees' Retirement Plan of the Great Atlantic & Pacific Tea Company, Inc. and Participating United States Subsidiaries, Bankers Trust Company, Rosemarie Baumeister, Harold J. Berry, Walter D. Dance, Christopher F. Edley, Helga Haub, Barbara Barnes Hauptfuhrer, Sidney A. Kohl, Paul C. Nagel, Jr., Eckart C. Siess, Fritz Teelen, Henry W. VanBallen, and James Wood, individually and as members of the Board of Directors of the Great Atlantic & Pacific Tea Company, Inc., Philip E. Hoversten, Robert G. Ulrich and H. Nelson Lewis, individually and as members of the Retirement Board of the Great Atlantic & Pacific Tea Company, Inc., Erivan Haub, individually and as a partner in a partnership known as Tengelmann Warenhandelsgesellschaft, a partnership organized under the laws of West Germany, and Tengelmann Warenhandelsgesellschaft and Ernst Bodarwe. Appeal of William I. WALSH.

United States Court of Appeals, Third Circuit.

Decided December 29, 1983.

Rehearing Denied January 27, 1984.

Attorney(s) appearing for the Case

Donald J. Williamson (argued), Williamson & Rehill, P.A., Newark, N.J., for William I. Walsh.

Milton S. Gould (argued), Shea & Gould, New York City, Marc S. Friedman, Kalb, Friedman & Siegelbaum, Roseland, N.J., for class appellees.

Cahill, Gordon & Reindel, New York City, Connell, Foley & Geiser, Newark, N.J., for The Great Atlantic & Pacific Tea Company, Inc., et al.; Denis McInerney (argued), Henry G. Bisgaier, R. Anthony Zeiger, New York City, of counsel.

Before GIBBONS, GARTH and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

William J. Walsh, a retired employee of The Great Atlantic & Pacific Tea Company, Inc. (A & P), appeals from an order of the district court approving a settlement of a class action brought by him under sections 502(a)(2) and (3) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(2), (3) (1976), on behalf of participants in the A & P Employees' Retirement Plan....

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