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KOTROSITS v. GATX CORP. NON-CONTRIBUTORY PENSION

No. 91-1410.

970 F.2d 1165 (1992)

Edwin KOTROSITS, Julius Ruggeri, Marvyn Souders, on their own behalf and on behalf of all others similarly situated, Reuben Aldrich, Alexander Christie, Walter C. Gothe, Paul W. Nielsen, Russell E. Scheirer v. GATX CORPORATION NON-CONTRIBUTORY PENSION PLAN FOR SALARIED EMPLOYEES, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 6, 1992.

Attorney(s) appearing for the Case

Herbert L. Zarov, Kenneth E. Wile (argued), Mayer, Brown & Platt, Chicago, Ill., Robert L. Hickok, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellant.

Kevin T. Fogerty (argued), Traub, Butz & Fogerty, P.C., Allentown, Pa., for appellees.

Before: STAPLETON, SCIRICA, and ROTH, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

I.

At the end of 1986, the GATX Corporation and its subsidiary, General American Transportation Company (GATC), sold all of the stock of GATC's subsidiary, Fuller Company, to FA Holding Company, an entity owned by Fuller management and a private investor. Plaintiffs are Fuller employees who claim they were entitled to enhanced early retirement benefits under the GATX Pension Plan as a result of the...

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