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SHAWLEY v. BETHLEHEM STEEL CORP.

No. 92-3149.

989 F.2d 652 (1993)

Joan A. SHAWLEY, William J. Calaboyias, James C. Vogel, and Paul Percherke, on behalf of themselves and other persons similarly situated, v. BETHLEHEM STEEL CORPORATION Joan A. Shawley, William J. Calaboyias, James C. Vogel, and Paul Percherke, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 19, 1993.

As Amended April 23, 1993.

Sur Petition for Rehearing April 23, 1993.

Attorney(s) appearing for the Case

David I. Goldman (argued), United Steelworkers of America, Pittsburgh, PA, William T. Payne, Schwartz, Steinsapir, Dohrmann & Sommers, Los Angeles, CA, for appellants.

G. Daniel Carney (argued), Thorp, Reed & Armstrong, Pittsburgh, PA, for appellee.

Before: STAPLETON, SCIRICA and NYGAARD, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Plaintiffs appeal an order of the district court granting defendant Bethlehem Steel Corporation's motion to dismiss plaintiffs' claim under § 510 of the Employment Retirement Income Security Act, 29 U.S.C. § 1140 (1992). The district court, 784 F.2d 1200, found that plaintiffs were not "participants" in defendant's pension plan and, therefore, had no standing to sue...

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