WELLS v. U.S. STEEL & CARNEGIE PENSION FUND, INC.

No. 90-5957.

950 F.2d 1244 (1991)

Clarence WELLS, et al., Plaintiffs-Appellants, v. UNITED STATES STEEL & CARNEGIE PENSION FUND, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 13, 1991.

Rehearing and Rehearing Denied January 30, 1992.


Attorney(s) appearing for the Case

Mark David Goss, briefed, Eugene Goss, argued, Goss & Goss, Harlan, Ky., for Clarence Wells.

Mark David Goss, Goss & Goss, Harlan, Ky., for all other plaintiffs-appellants.

William A. Rice, Rice, Huff & Hendrickson, Harlan, Ky., James T. Carney (argued & briefed), USX Corp., Pittsburgh, Pa., for defendant-appellee.

Before KENNEDY and RYAN, Circuit Judges, and FEIKENS, Senior District Judge.


Rehearing and Rehearing En Banc Denied January 30, 1992.

RYAN, Circuit Judge.

The plaintiffs, retirees of United States Steel Corporation, appeal the grant of summary judgment in favor of the defendant, United States Steel and Carnegie Pension Fund ("Fund"), in this case brought under the Employees Retirement Income and Security Act (ERISA), 29 U.S.C. § 1132. There are three issues:

1. Whether the district court applied the appropriate standard...

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