ACCARDI v. CONTROL DATA CORP.

No. 345, Docket 87-7561.

836 F.2d 126 (1987)

Joseph W. ACCARDI, Theresa Apice, George L. Barnwell, Herby L. Bryant, Carmine A. Cippriano, Alfred A. De Leo, Ronald De Meo, Joseph Duggan, Evelyn F. Ernst, Roy L. Garland, Anthony V. Palmisano, John J. Sheridan, Ralph E. Visconti, Eduardo F. Gutierrez, Joseph S. Tralongo, Ann C. Venturino, Plaintiffs-Appellees, v. CONTROL DATA CORPORATION and International Business Machines Corp., Defendants, Control Data Corporation, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 31, 1987.


Attorney(s) appearing for the Case

Stephen A. Agus, New York City (Albert A. Hatem, Purrington, McConnell & Agus, New York City), for plaintiffs-appellees.

Barbara A. Leininger, New York City (W. Hubert Plummer, Oppenheimer Wolff & Donnelly, New York City), for defendant-appellant.

Before FEINBERG, Chief Judge, NEWMAN and WINTER, Circuit Judges.


WINTER, Circuit Judge:

Control Data Corporation ("CDC") appeals from Judge Knapp's grant of summary judgment for plaintiffs in this action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461 (1982), 658 F.Supp. 881. He held that CDC acted arbitrarily and capriciously in refusing to pay severance benefits to the plaintiffs upon the sale of their division to another corporation that continued...

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