ULMER v. HARSCO CORP.

No. 88-5827.

884 F.2d 98 (1989)

ULMER, Linda L. v. HARSCO CORPORATION. Appeal of Linda ULMER.

United States Court of Appeals, Third Circuit.

Decided September 1, 1989.


Attorney(s) appearing for the Case

Michael D. Fishbein (argued), Levin, Fishbein, Sedran & Berman, Philadelphia, Pa., for appellant.

John C. Unkovic (argued), Robert B. Hoffman, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellee.

Before HIGGINBOTHAM, STAPLETON and COWEN, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This case arose out of a class action suit challenging an employer-plan administrator's decision to deny severance benefits to a group of employees terminated as that employer's employees as a result of that employer's sale of the division in which they worked as a going business. The district court granted summary judgment to the employer-defendant. Because the district court applied an unreasonable...

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