Cecil McLENDON, Don Vandertulip, Jimmie Cartharn, and Konrad Trojniar, on their own and on behalf of all others similarly situated, Plaintiffs,
v.
The CONTINENTAL GROUP, INC., a New York corporation incorporated in 1913; Continental Can Company, Inc., a Delaware corporation; the Continental Group, Inc., a New York corporation incorporated in 1982; and KMI Continental Inc., a New York corporation, Defendants.
United States District Court, D. New Jersey.https://leagle.com/images/logo.png
May 28, 1987.
May 28, 1987.
Attorney(s) appearing for the Case
Edwin C. Thomas, III, Dennis P.W. Johnson, Bell, Boyd & Lloyd, Chicago, Ill., Samuel W. Braver, Buchanan Ingersoll, P.C., Pittsburgh, Pa., Terrence Dwyer, Williams, Caliri, Miller & Otley, Wayne, N.J., Eugene L. Stewart, Stewart & Stewart, Washington, D.C., for defendants.
Stuart Israel, Miller, Cohen, Martens, & Ice, Southfield, Mich., Howard S. Simonoff, Tomar, Park, Seliger, Simonoff, Adourian & O'Brien, Haddonfield, N.J., for third party defendants.
Robert Plotkin, John G. Jacobs, Plotkin & Jacobs, Ltd., Chicago, Ill., George F. Galland, Davis, Barnhill & Galland, Chicago, Ill., Donald J. Volkert, Siff, Newman, Rosen & Parker, Newark, N.J., Daniel P. McIntyre, Falmouth, Me., for plaintiffs.
United States District Court, D. New Jersey.
OPINION
SAROKIN, District Judge.
In Gavalik v. Continental Can Co., an action brought against Continental by former employees of its Pittsburgh plant, the Third Circuit held that Continental's adoption of a corporate "liability avoidance" program to reduce its unfunded pension exposure constituted a violation of ERISA. Plaintiffs in this action, on behalf of a nationwide class of former Continental employees...
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