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WILSON v. BLUEFIELD SUPPLY CO.

No. 87-3501.

819 F.2d 457 (1987)

David W. WILSON, on behalf of himself and all others similarly situated; George J. Mabe, on behalf of himself and all others similarly situated; Rolla H. Frasher, Plaintiffs-Appellants, v. BLUEFIELD SUPPLY COMPANY; B.W. Harvey; James E. Gillenwater; Mirto A. Corte; C.I. Johnson, Jr.; Robert M. Richardson; A.A. Modena, Defendants-Appellees, and Flat Top National Bank, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 1987.

Rehearing and Rehearing Denied August 7, 1987.

Attorney(s) appearing for the Case

Carl Alan Genberg, Columbus, Ohio, (Freeman T. Eagleson, Columbus, Ohio, John L. Hash, Thomas L. Clark, Lexington, Ky., on the brief) for plaintiffs-appellants.

Anne Gordon Greever (Jennings G. Ritter, II, Hunton & Williams, Richmond, Va., on the brief) for defendants-appellees.

Before HALL and WILKINS, Circuit Judges, and TIMBERS, Senior Circuit Judge for the Second Circuit, sitting by designation.

Rehearing and Rehearing En Banc Denied August 7, 1987.

TIMBERS, Circuit Judge:

Appellants David Wilson and others ("appellants") are a plaintiff class consisting of all employees, or their surviving spouses or estates, of appellee Bluefield Supply Company ("Bluefield"), or its affiliated companies, with vested rights in a pension plan established by Bluefield.

Appellants appeal from a judgment entered December 17, 1986 in the Southern District of West...

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