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BRUCH v. FIRESTONE TIRE AND RUBBER CO.

No. 86-1448.

828 F.2d 134 (1987)

BRUCH, Richard, Chubb, John R. and Schade, Albert and Schollenberger, Richard and Smith, Ronald R. and Smolinski, Leonard A. In their individual capacities and as representatives of the class of former, salaried, non-union employees of the Firestone Plastics Division which was sold to the Hooker Chemical Division of the Occidental Petroleum Corporation, Appellants, v. FIRESTONE TIRE AND RUBBER COMPANY and Firestone Tire & Rubber Company Retirement Plan for Salaried Employees and Firestone Tire & Rubber Company Stock Purchase and Savings Plan, Appellees.

United States Court of Appeals, Third Circuit.

Decided August 31, 1987.

Rehearing and Rehearing Denied September 25, 1987.

Attorney(s) appearing for the Case

Paula R. Markowitz (argued), Markowitz & Richman, Philadelphia, Pa., for appellants.

Martin Wald (argued), Deena Jo Schneider, Arden J. Olson, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellees.

Before HIGGINBOTHAM and BECKER, Circuit Judges, and DUMBAULD, District Judge.

Rehearing and Rehearing In Banc Denied September 25, 1987.

OPINION OF THE COURT

BECKER, Circuit Judge.

Three classes of former salaried employees of the Plastics Division of defendant Firestone Tire & Rubber Co ("Firestone") allege that the administrator of Firestone's pension and welfare plans improperly denied them various benefits allegedly due under those plans. The "rub" is that the plan administrator...

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