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ROSS v. PENSION PLAN FOR HOURLY EMP. OF SKF IND.

No. 87-3625.

847 F.2d 329 (1988)

Frank ROSS; Dan Weber; R. Stone; Gus Callitsis; Don Heidy; al Grant; Tommie Gang; Earl Stauffer and C. Crawford, et al., Plaintiffs-Appellants, v. PENSION PLAN FOR HOURLY EMPLOYEES OF SKF INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 26, 1988.

Attorney(s) appearing for the Case

Terrence P. Kessler, argued, Canton, Ohio, John J. Rambacher, for plaintiffs-appellants.

Graeme W. Bush, argued, Caplin & Drysdale, Washington, D.C., for defendant-appellee.

Before LIVELY and GUY, Circuit Judges, and COHN, District Judge.

RALPH B. GUY, Jr., Circuit Judge.

Plaintiffs appeal the district court's grant of summary judgment in favor of the defendant Pension Plan. Because we conclude that the benefits which the Pension Plan provides in the event of a plant shutdown are not benefits protected under section 204(g) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1054(g), and that, therefore, plaintiffs are not entitled to require payment of those benefits under section...

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