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KREIS v. CHARLES O. TOWNLEY, M.D. & ASSOC., P.C.

No. 86-1674.

833 F.2d 74 (1987)

Wilmont KREIS, D. David Ernst, Michael Shier, Diane Dmytryshyn, Mary Heimbach, Cathy Folco Richards, and Patricia Cook, Plaintiffs-Appellants, v. CHARLES O. TOWNLEY, M.D. & ASSOCIATES, P.C., a Michigan professional corporation; Charles O. Townley, M.D.; and Marjorie Ange, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 6, 1987.

Attorney(s) appearing for the Case

David C. Devendorf, argued, Davidson, Staiger, Adair, Hill, Mosier, Devendorf & Clyne, Port Huron, Mich., for plaintiffs-appellants.

Stuart M. Bordman, Rubenstein, Isaacs, Lax and Bordman, Southfield, Mich., Richard C. Littlefield, argued, for defendants-appellees.

Before MERRITT and MARTIN, Circuit Judges, and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

Plaintiffs-Appellants (appellants) appeal the judgment of the district court dismissing their claims under section 502(a)(1)(B) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132(a)(1)(B), for accrued unvested benefits under two employee pension benefit plans. Appellants argue that the district court erred as a matter of law in denying their claims for benefits on the ground that a "partial termination...

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