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VEILLEUX v. ATOCHEM NORTH AMERICA, INC.

No. 1162, Docket 90-7979.

929 F.2d 74 (1991)

Joseph J. VEILLEUX, Jr., Harley M. Dixon, Dennis L. Strazdins, James V. Hoteling, M. Richard White II, David J. St. Maurice, Robert Ketchmere, Margaret A. Correnti, Rutha Williams, Jane E. Alfieri, Thomas H. Bloodgood, Sandra L. Sizer, Gary L. Cannioto, James Rountree and Joseph M. Farzetta, individually, and on behalf of all others similarly situated, Plaintiffs-Appellants, v. ATOCHEM NORTH AMERICA, INC., f.k.a. Pennwalt Corporation, and Edwin E. Tuttle and Anthony Fortino, as fiduciaries of the Pennwalt Pharmaceutical Division Separation Allowance Plan, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 27, 1991.

Attorney(s) appearing for the Case

Warren B. Rosenbaum, Rochester, N.Y. (Shapiro, Rosenbaum & Liebschutz, of counsel) for plaintiffs-appellants.

Eugene D. Ulterino, Rochester, N.Y. (David P. Ford, Nixon, Hargrave, Devans & Doyle, of counsel) for defendants-appellees.

Before PIERCE, NEWMAN and WALKER, Circuit Judges.

PER CURIAM:

Joseph J. Veilleux, Jr. and other named plaintiffs, suing on behalf of a class of just over seven hundred former employees of Pennwalt Corporation, appeal from a October 9, 1990 judgment of the District Court for the Western District of New York (David G. Larimer, Judge). On cross-motions for summary judgment the district court dismissed their suit seeking separation benefits allegedly denied in violation of the Employee Retirement Income Security...

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