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MITCHUM v. ATLANTIC RICHFIELD CO.

364 Pa.Super. 583 (1987)

528 A.2d 662

Earl MITCHUM, Edwin Murphy, John J. Sullivan, Frank Cataldi, R.M. Davis, Jr. and A. Gambo, Suing on their Behalf and on Behalf of Persons Similarly Situated, Appellants, v. ATLANTIC RICHFIELD COMPANY and Employees Retirement System of the Atlantic Richfield Company, Joseph E. Thompson, Jr., Charles R. Webb, John J. O'Brien, John J. Nussbaumer, David R. Boyd, Alvin J. Carpenter and William W. Dougherty, Appellees.

Supreme Court of Pennsylvania.

Filed July 21, 1987.

Attorney(s) appearing for the Case

James J. DeMarco, Philadelphia, for appellants.

Jerome A. Hoffman, Philadelphia, for appellees.

Before CIRILLO, President Judge, and McEWEN, and MONTEMURO, JJ.

MONTEMURO, Judge:

This appeal lies from an Order granting appellees' motion for summary judgment.

The underlying cause of action finds its basis in the combination of the pension plans of the three companies whose (successive) corporate mergers produced what is now the Atlantic Richfield Co. (ARCO).

In January, 1966, Atlantic Refining Co. merged with Richfield Oil Corp., forming ARCO, and, at the same time combined the assets of the companies' employee...

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