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GILLIS v. HOECHST CELANESE CORP.

No. 92-1879.

4 F.3d 1137 (1993)

Leonard GILLIS, for themselves and all others similarly situated, as a class; Valdo A. Sargeni, for themselves and all others similarly situated, as a class; v. HOECHST CELANESE CORPORATION; Hoechst Celanese Retirement Plan, a federal employee pension benefit plan and trust, Third-Party Plaintiffs, v. AMERICAN MIRREX CORPORATION, a Delaware Corporation; American Mirrex Retirement Plan, a federal employee benefit plan and trust, Third-Party Defendants. Leonard Gillis and Valdo Sargeni, for themselves and all others similarly situated, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 7, 1993.

Sur Petition for Rehearing October 6, 1993.

Attorney(s) appearing for the Case

Kent Cprek (argued), Sagot, Jennings & Sigmond, Philadelphia, PA, for appellants.

Laurence Z. Shiekman, Eleanor N. Ewing, Marc R. Garber, Brian T. Ortelere, Barbara W. Mather (argued), Pepper, Hamilton & Scheetz, Philadelphia, PA, for appellees.

Before: STAPELTON, ALITO and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Leonard Gillis and Valdo Sargeni ("plaintiffs") are former employees of the Hoechst Celanese Corporation ("Hoechst"). They allege that Hoechst and the Hoechst Celanese Retirement Plan ("Hoechst Retirement Plan") have failed to comply with certain provisions of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461. They also advance two state law claims.

The district court...

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