NICHOLS v. ASBESTOS WORKERS LOCAL 24 PENSION PLAN

No. 82-1959.

835 F.2d 881 (1987)

Donna L. NICHOLS, et al., Appellants, v. BOARD OF TRUSTEES OF the ASBESTOS WORKERS LOCAL 24 PENSION PLAN, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 24, 1987.

Opinions Filed December 11, 1987.


Attorney(s) appearing for the Case

Daniel M. Schember, with whom Katharyn M. Marks and James B. Klimaski, Washington, D.C., were on brief, for appellants.

Michael J. Roach, Atty., Dept. of Justice, with whom Glenn L. Archer, Jr., Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., and Michael L. Paup, Atty., Dept. of Justice, Washington, D.C., were on brief, for federal appellees.

Thomas P. McErlean, Washington, D.C., for appellee Board of Trustees of Asbestos Workers Local 24 Pension Plan. James Buckley Ostmann, Washington, D.C., also entered an appearance for the Board.

Before ROBINSON and STARR, Circuit Judges and WRIGHT, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge ROBINSON.

Dissenting Opinion filed by Circuit Judge STARR.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

In May, 1979, the board of trustees of the Asbestos Workers Local 24 Pension Plan proposed amendments designed to effect a retroactive decrease in the plan's retirement benefits. The Internal Revenue Service (IRS) approved the amendments shortly thereafter. Three adversely-affected retirees then filed suit...

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