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BAKER v. LUKENS STEEL CO.

No. 85-1627.

793 F.2d 509 (1986)

BAKER, William D. and Bell, Edward G., Jr., and Bugar, Gerald J. and Burkey, I. Glenn and Kauffman, Clarence and Elliott, Edwin J., Jr. and Krempa, Edward R. and Shivery, C. David and Shore, Harold J. and Stanley, John B. and Thomas, Roland T. and Zafares, Dimitrius N. and Zelina, John S. and Ott, Robert and Hargan, Robert D. and Stratton, John K. and Auer, and Conrad, Jack, III and Mowery, Allen M. and Pratt, Ernest v. LUKENS STEEL COMPANY and Lukens, Inc. Salaried Employees Retirement Plan. Appeal of William D. BAKER, Edward G. Bell, Jr., Gerald J. Bugar, Glenn Burkey, Edwin J. Elliott, Jr., Edward R. Krempa, C. David Shivery, Harold J. Shore, John B. Stanley, Roland T. Thomas, Dimitrius N. Zafares, John S. Zelina, Robert Ott, Clarence Kauffman, Robert D. Hargan, John K. Stratton, Timothy C. Auer, Jack Conrad, III, Allen M. Mowery, and Ernest Pratt, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 19, 1986.

Rehearing and Rehearing Denied July 28, 1986.

Attorney(s) appearing for the Case

William Goldstein (argued), Greenstein, Gorelick, Price, Silverman & Laveson, Philadelphia, Pa., for appellants.

Edward W. Mullinix, Jacob P. Hart (Argued), and Diane A. Loebell, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellees.

Before ALDISERT, Chief Judge, and GARTH and SLOVITER, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 28, 1986.

OPINION OF THE COURT

ALDISERT, Chief Judge.

This appeal from a summary judgment for employer and pension fund defendants in an ERISA action requires us to decide whether employees, who were terminated before normal retirement age can be considered to have sustained injuries when the company, prior to their termination, amended the pension plan to eliminate a special retirement provision, and failed...

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