HOZIER v. MIDWEST FASTENERS, INC.

No. 89-5551.

908 F.2d 1155 (1990)

Robert HOZIER, Ralph Kohart, Peter A. White, Marc Duning and David Carroll, Appellants, v. MIDWEST FASTENERS, INC., KSM Fastening Systems, Inc. t/a Erico Fastening Systems, Inc. and Erico International Corporation.

United States Court of Appeals, Third Circuit.

Decided July 24, 1990.


Attorney(s) appearing for the Case

James Katz (argued), Mark Belland, Tomar, Simonoff, Adourian & O'Brien, Haddonfield, N.J., for appellants.

Steven W. Suflas (argued), Archer & Greiner, P.C., Haddonfield, N.J., for appellees.

Before BECKER and STAPLETON, Circuit Judges, and KELLY, District Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

Plaintiffs appeal from a grant of summary judgment to the defendant corporations, which formerly employed the plaintiffs and which declined to make certain severance payments to plaintiffs when they were involuntarily terminated. Plaintiffs contend that they are entitled to those payments under the terms of an ERISA welfare plan defendants had created in 1985. Defendants respond that the 1985 plan was amended in...

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