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BOSIGER v. U.S. AIRWAYS

No. 06-2085.

510 F.3d 442 (2007)

Edwin Perrow BOSIGER, Jr., Plaintiff-Appellant, v. US AIRWAYS, Incorporated; US Airways Group, Incorporated; Allegheny Airlines, Incorporated; Piedmont Airlines; Midatlantic Airways, Incorporated; US Airways Leasing And Sales, Incorporated; Material Services Company, Incorporated; PSA Airlines, Incorporated; Airways Assurance, Ltd; The Plan Inaccurately Titled Non-qualified Top Retirement Plan, Defendants-Appellees, and Tom G. Davis, Party in Interest.

United States Court of Appeals, Fourth Circuit.

Decided: December 14, 2007.

Attorney(s) appearing for the Case

ARGUED: Sara Pikofsky, Thelen, Reid, Brown, Raysman & Steiner, L.L.P., Washington, D.C., for Appellant. Christopher Alan Weals, Morgan, Lewis & Bockius, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Sherwin S. Kaplan, Byron L. Pickard, Thelen, Reid, Brown, Raysman & Steiner, L.L.P., Washington, D.C., for Appellant. Bridgit M. DePietto, Morgan, Lewis & Bockius, L.L.P., Washington, D.C., for Appellees.

Before WILKINSON and MOTZ, Circuit Judges, and Louise W. FLANAGAN, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge FLANAGAN joined.

OPINION

WILKINSON, Circuit Judge:

In August 2002, U.S. Airways filed for bankruptcy. In order to secure the financing necessary to emerge from bankruptcy, U.S. Airways was forced to terminate the pension plans it administered for its active and retired pilots. A bankruptcy court approved...

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