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MURPHY v. HEPPENSTALL CO.

Nos. 80-1690, 80-1724.

635 F.2d 233 (1980)

William A. MURPHY, Marvin Pease, William Rogers, Edward Banachoski, Albert Betts, William Faherty, Albert Christman, Roman Krysinski, Charles Manjerovic, Walter Regan, John Austin, Jr., Frank Coniglio, Frank Kush, Lawrence Wiesen, John Chmill and Sidney Robinson v. The HEPPENSTALL COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 10, 1980.

Rehearing and Rehearing Denied January 9, 1981.

Attorney(s) appearing for the Case

Paul A. Manion (argued), William H. Powderly, III, Richard D. Brown, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for The Heppenstall Co.

Daniel P. McIntyre (argued), Scott M. Spencer, Frank J. Lucchino, Steven L. Sablowsky, Pittsburgh, Pa., for appellees.

Henry Rose, Gen. Counsel, Mitchell L. Strickler, Deputy Gen. Counsel, James N. Dulcan, Asst. Gen. Counsel, Stephen D. Schreiber, Trial Atty., Pension Benefit Guaranty Corp., Washington, D. C., for amicus curiae; Bernard Kleiman, Chicago, Ill., of counsel.

Before GIBBONS and ROSENN, Circuit Judges, and HANNUM, District Judge.

Rehearing and Rehearing In Banc Denied January 9, 1981.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Heppenstall Company (the employer) appeals from a grant of partial summary judgment in favor of sixteen retired Heppenstall employees (the employees). The employees sought directly from the employer the difference between the pension payments guaranteed by the Pension Benefit Guaranty Corporation (PBGC), and those provided in the pension agreement...

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