FINK v. NATIONAL SAV. AND TRUST CO.

No. 84-5081.

772 F.2d 951 (1985)

Ronald FINK, et al., Appellants v. NATIONAL SAVINGS AND TRUST COMPANY, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 3, 1985.

As Amended September 3, 1985.


Attorney(s) appearing for the Case

Samuel W. Halpern, Washington, D.C., with whom James S. Ray and Orrin Baird, Washington, D.C., were on the brief, for appellants.

Alfred H. Moses, Washington, D.C., for appellees, Schoen, et al.

James E. Wesner and Jonathan Ginsburg, Washington, D.C., were on the brief, for appellee, NS & T Company.

Thomas L. Holzman, Atty., Dept. of Labor, Washington, D.C., was on the brief, for amicus curiae urging reversal.

Before MIKVA and SCALIA, Circuit Judges, and BAZELON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge MIKVA.

Opinion concurring in part and dissenting in part filed by Circuit Judge SCALIA.

MIKVA, Circuit Judge:

Ronald Fink and Charles Kraft were participants in an employer sponsored retirement plan. Upon termination of their employment, they unsuccessfully sought to obtain benefits due under the plan. Fink and Kraft then brought suit in U.S. District Court to enforce their rights to benefits under the plan...

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