SUTTON v. WEIRTON STEEL DIV. OF NAT. STEEL CORP.

Nos. 83-1567, 83-2003, 83-1569, 83-1895 and 83-2004.

724 F.2d 406 (1983)

Eugene R. SUTTON, Raymond Ludewig, Paul D. Alexander, Anthony J. Angelo, John P. Barlas, Thomas V. Barnhouse, William Bell, Walter Birrell, Pete Brier and Camden Bumgarner, et al., Appellants, v. WEIRTON STEEL DIVISION OF NATIONAL STEEL CORPORATION, Independent Steel Workers Union and Pension Agreement between the National Steel Corporation and the Independent Steelworkers Union, Appellees. Gerald W. BRUNNER, Clarence Rifkee, Norman Clark, James Hoge and all others similarly situated, Appellants, v. NATIONAL STEEL CORPORATION, Independent Steelworkers Union, Weirton Joint Study Committee, Inc. and Pension Agreement between the National Steel Corporation and the Independent Steelworkers Union, Appellees. Edward DHAYER, Edward Bittner, Richard Blancato and James H. Browning, et al., Appellants, v. WEIRTON STEEL DIVISION OF NATIONAL STEEL CORPORATION and Independent Steelworking Union, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1983.

Certiorari Denied May 21, 1984.


Attorney(s) appearing for the Case

Barry Laine, Youngstown, Ohio (Anthony P. Sgambati, II, David Roloff, Green, Schiavoni, Murphy, Haines & Sgambati Co. L.P.A., Youngstown, Ohio, on brief) and John Randolph Spon, Jr., Steubenville, Ohio (Keith A. Fournier, Spon & Fournier, Steubenville, Ohio, on brief), for appellants.

Carl H. Hellerstedt, Jr., Pittsburgh, Pa. (Joseph Mack, III, Brian J. Dougherty, Thorp, Reed & Armstrong, Pittsburgh, Pa., on brief), David L. Robertson, Weirton, W.Va. (William Kiefer, Peter Rich, Bogarad & Robertson, Weirton, W.Va., on brief), Anthony F. Phillips, New York City (Gerald Kerner, Brian E. O'Connor, Laurence H. Lenz, Jr., Willkie Farr & Gallagher, New York City, on brief), for appellees.

Before PHILLIPS and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.


BUTZNER, Senior Circuit Judge:

This appeal of consolidated cases arises out of an agreement by National Steel Corp. to sell its Weirton Steel Division to a new company, Weirton Steel Corp., which is owned by the Division's employees. The district court granted partial summary judgments in favor of National, its Retirement Program, and the Independent Steelworkers Union.* Finding no just reason...

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