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EDWARDS v. WILKES-BARRE PUB. CO. PENSION TRUST

No. 84-5107.

757 F.2d 52 (1985)

Merle R. EDWARDS, James Bridgland, William Fisher, Edward J. Schrode, John T. Tredinnick, and Richard L. Zath, Appellants, v. WILKES-BARRE PUBLISHING CO. PENSION TRUST and Wilkes-Barre Publishing Co., Appellees.

United States Court of Appeals, Third Circuit.

Decided March 7, 1985.

Rehearing and Rehearing Denied April 9, 1985.

Attorney(s) appearing for the Case

Warren J. Borish (argued), Meranze, Katz, Spear & Wilderman, Philadelphia, Pa., for appellants.

R. Eddie Wayland (argued), King, Ballow & Little, Nashville, Tenn., Richard M. Goldberg, Hourigan, Kluger, Spohrer & Quinn, Wilkes-Barre, Pa., for appellees.

Before GIBBONS and BECKER, Circuit Judges, and KATZ, District Judge.

Rehearing and Rehearing In Banc Denied April 9, 1985.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents the question whether the trustees of a pension plan governed by the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. (ERISA), acted arbitrarily and capriciously or in violation of the vesting, accrual, and funding provisions of ERISA by including in the calculation of plaintiffs/appellants' pension benefits...

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