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BERGER v. EDGEWATER STEEL CO.

Nos. 89-3465, 3501, 3570 and 3596.

911 F.2d 911 (1990)

Donald BERGER, Barbara Dallas, William Kier, Jr., Rose Saxman and Robert Wagner v. EDGEWATER STEEL COMPANY, a subsidiary of Edgewater Corporation, Edgewater Corporation, Edgewater Steel Company, as Plan Administrator of the Non-Contributory Pension Plan for Salaried Employees, and John H. Kirkwood, an individual. Appeal of EDGEWATER STEEL COMPANY and Edgewater Corporation, Appellants at Nos. 89-3465 & 89-3570. Donald BERGER, Barbara Dallas, William Kier, Jr., Rose Saxman and Robert Wagner, Appellants at Nos. 89-3501 & 89-3596 v. EDGEWATER STEEL COMPANY, a subsidiary of Edgewater Corporation, Edgewater Corporation, Edgewater Steel Company, as Plan Administrator of the Non-Contributory Pension Plan for Salaried Employees, and John H. Kirkwood, an individual.

United States Court of Appeals, Third Circuit.

Decided August 15, 1990.

As Amended September 21, 1990.

Rehearing and Rehearing Denied September 24, 1990.

Attorney(s) appearing for the Case

Wm. Alvah Stewart, Ralph A. Finizio (argued), Houston Harbaugh, P.C., Pittsburgh, Pa., for Edgewater Steel Co. and Edgewater Corp.

David F. Weiner (argued), Robert C. Gallo, Gallo Weiner & Associates, Pittsburgh, Pa., for Donald Berger, Barbara Dallas, William Kier, Jr., Rose Saxman and Robert Wagner.

Before SLOVITER, HUTCHINSON and COWEN, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 24, 1990.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Five former employees (collectively "the Employees") of Edgewater Steel Company (Edgewater Steel) appeal an order of the United States District Court for the Western District of Pennsylvania granting summary judgment in favor of Edgewater Steel, Edgewater Corporation and John H. Kirkwood (Kirkwood)1 on all but one...

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