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COOK v. PENSION PLAN FOR SALARIED EMPLOYEES

No. 85-3011.

801 F.2d 865 (1986)

Robert W. COOK and David L. Marting, Plaintiffs-Appellees, v. PENSION PLAN FOR SALARIED EMPLOYEES OF CYCLOPS CORPORATION and Robert A. Kushner and Donald L. Mitchell and William D. Dickey and Cyclops Corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 25, 1986.

Rehearing and Rehearing Denied November 18, 1986.

Attorney(s) appearing for the Case

Donald E. Seymour, argued, Kirkpatrick & Lockhart, Pittsburgh, Pa., Daniel O. Berger, Paxton & Seasongood, Cincinnati, Ohio, Larry Glassmann, for defendants-appellants.

R. William Eisnaugle, Glenn B. Redick, argued, Columbus, Ohio, for plaintiffs-appellees.

Before ENGEL and KRUPANSKY, Circuit Judges, and SUHRHEINRICH, District Judge.

Rehearing and Rehearing En Banc Denied November 18, 1986.

ENGEL, Circuit Judge.

The Pension Plan for Salaried Employees of Cyclops Corporation ("the Plan"), the members of the Pension Board as administrators of the Plan and the Cyclops Corporation appeal a district court judgment reversing the administrators' interpretation of the Plan and holding that plaintiffs are entitled to immediate pension benefits under the Rule of 65. Under this rule an employee who...

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