STOETZNER v. U.S. STEEL CORP.

No. 88-3571.

897 F.2d 115 (1990)

Herbert T. STOETZNER, R.E. Autrey, J.M. Dobos, M.T. Layman, B.W. Fox, R.J. Sims, Marilyn Y. Sartain, C.W. Moore Jr., R.D. Strickland, Ruth R. Thornton, David B. Groman, F.R. Bobek, D.F. Defazio, Martha A. Jones, Carolyn K. Neeld, R.H. Clark Jr., Appellants, v. UNITED STATES STEEL CORPORATION, United States Steel and Carnegie Pension Fund, United States Steel Corporation Plan for Employee Pension Benefits, United States Steel Corporation Savings Fund Plan for Salaried Employees, United States Steel Corporation Severance Pay Program for Management Employees, Lehigh Portland Cement Company, Lehigh Portland Cement Company Salaried Employees Savings and Profit Sharing Plan, Lehigh Portland Cement Company Retirement Income Plan for Salaried Employees, Trustee, Lehigh Portland Cement Company Salaried Employees Savings and Profit Sharing Plan, Trustee, Lehigh Portland Cement Company Retirement Income Plan for Salaried Employees and Unknown Other Individuals, Unincorporated Associations and Corporations, United States Steel Corp Severance Pay Plan, Heidelberger Zement Ag and Heidelberg Cement, Inc.

United States Court of Appeals, Third Circuit.

Decided February 26, 1990.

As Corrected March 9, 1990.


Attorney(s) appearing for the Case

Daniel M. Schember (Argued), Gaffney, Schember and Kete, P.C., Washington, D.C., for appellants.

Michael D. Brophy (Argued), George J. Lavin, Jr. Associates, Philadelphia, Pa., amicus curiae.

Matthew M. Strickler, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., Dawne S. Hickton (Argued), USX Corp., Pittsburgh, Pa., for appellees.

Before BECKER, NYGAARD and ROSENN, Circuit Judges.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

Before the court is a motion to approve a proposed settlement. The action was filed by a class of formerly salaried employees of United States Steel Corporation's Universal Atlas Cement Division (USX), claiming they are entitled to pension or severance benefits resulting from USX's sale of the division in 1980. Following a bench trial, the district court denied relief and the class appealed. The class representatives...

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