MUTO v. CBS CORP.

Docket No. 10-3038-cv.

668 F.3d 53 (2012)

Joseph G. MUTO, Kevin Beam, Plaintiffs-Appellants, v. CBS CORPORATION, f/k/a Westinghouse Electric Corporation, the CBS Combined Pension Plan, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 1, 2012.


Attorney(s) appearing for the Case

Jeffrey V. Mansell ( David B. Rodes , John T. Tierney , on the brief), Goldberg, Persky & White, P.C., Pittsburgh, PA, for Plaintiffs-Appellants.

Shay Dvoretzky ( Glen D. Nager , David J. Strandness , on the brief), Jones Day, Washington, DC, for Defendants-Appellees.

Before: LIVINGSTON, LOHIER, and CARNEY, Circuit Judges.


SUSAN L. CARNEY, Circuit Judge:

Plaintiffs-Appellants Joseph G. Muto and Kevin Beam appeal from the judgment of the U.S. District Court for the Southern District of New York (Barbara S. Jones, Judge) dismissing as time-barred their putative class action complaint against their former employer and the employer's pension plan for benefits alleged to be due under the Employee Retirement Income Security Act of 1974 ("ERISA"). Plaintiffs agree that since ERISA contains...

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