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DAVIS v. BURLINGTON INDUSTRIES, INC.

No. 91-1725.

966 F.2d 890 (1992)

Edward J. DAVIS; William P. Creighton; Lindsey Boone; Keith Anderson; Aubrey West, Plaintiffs-Appellees, v. BURLINGTON INDUSTRIES, INCORPORATED; the Retirement System of Burlington Industries, Incorporated, and Affiliated Companies; the Board of Administration of the Retirement System of Burlington Industries, Incorporated, and Affiliated Companies, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1992.

Attorney(s) appearing for the Case

Richard James Wertheimer, Arnold & Porter, Washington, D.C. (argued), for defendants-appellants (Hubert Humphrey, Brooks, Pierce, Mclendon, Humphrey & Leonard, Greensboro, N.C., William L. Rikard, Jr., Parker, Poe, Adams & Bernstein, Charlotte, N.C., on brief).

James P. Cooney, III, Kennedy, Covington, Lobdell & Hickman, Charlotte, N.C. (argued), for plaintiffs-appellees (Kiran H. Mehta, Charlotte, N.C., Edgar R. Bain, Bain & Marshall, Lillington, N.C., on brief).

Before WIDENER and HAMILTON, Circuit Judges, and HEANEY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

OPINION

HEANEY, Senior Circuit Judge:

Defendant-appellant Burlington Industries (Burlington) provided a retirement plan for its employees; the Board of Administration (Board), another defendant-appellant, operated that plan. The plaintiff-appellees, a group of former Burlington employees, claim that the defendants violated the "anti-cutback" provision of the Employee Retirement Income Security Act of 1974 (ERISA). The district court agreed and granted them...

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