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INTERNATIONAL UNION OF ELECTRONIC v. MURATA ERIE NORTH AMERICA

No. 91-3513.

980 F.2d 889 (1992)

INTERNATIONAL UNION OF ELECTRONIC, ELECTRIC, SALARIED, MACHINE AND FURNITURE WORKERS, AFL-CIO; James R. Baldwin; Harry J. Layne; Rodney J. Pettinato; Pauline Rothermel; Marlyn Thompson v. MURATA ERIE NORTH AMERICA, INC., A Georgia Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 30, 1992.

Attorney(s) appearing for the Case

Jesse P. Schaudies, Jr. (argued), Kenneth P. Russell, Jr., Troutman, Sanders, Lockerman & Ashmore, Atlanta, Ga., R. Scott Tobin, Michael A. Caldwell, Weinstein, Rosenthal, Tobin & Caldwell, Atlanta, Ga. for appellant.

Charles R. Both (argued), John F. Colwell, Yablonski, Both & Edelman, James G. Mauro, Jr. I.U.E., Washington, D.C., for appellees.

Stephen R. Bruce, Washington, D.C. (Robert J. Mozer, Mozer & Swetnick, of counsel), for amicus appellees Nat. Council of Senior Citizens.

Before: BECKER, ROTH and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal by defendant Murata Erie North America, Inc. ("Murata") requires us to decide who is entitled to the excess funds remaining in two pension plans ("the Plans") after their termination. Murata, the Plans' sponsor, terminated the Plans in July 1987 as part of a larger scheme to end operations at its Erie, Pennsylvania plant. To satisfy the Plans' liabilities, the Plan Administrator purchased annuities...

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