Lonnie PARRETT and Max C. Hughes, Suing on Behalf of Themselves and All Other Persons Similarly Situated, Plaintiffs-Appellants,
v.
The AMERICAN SHIP BUILDING COMPANY; the Huntington National Bank of Northeast Ohio; the American Ship Building Company Pension Committee; Richard Casserly, Roy F. Walker, Stanley J. Lepkowski, and Robert T. Buffenbarger, as Administrators of the Pension Plan for Employees of The American Ship Building Company, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued March 9, 1993.
Decided and Filed April 12, 1993.
Attorney(s) appearing for the Case
Robert A. Nagy, Elyria, OH, Richard D. Panza, William F. Kolis, Jr. (briefed), Richard A. Naegele (argued and briefed), Wickens, Herzer & Panza, Lorain, for Lonnie Parrett.
Robert A. Nagy, Elyria, OH, Richard D. Panza, William F. Kolis, Jr. (briefed), Richard A. Naegele (argued and briefed), Wickens, Herzer & Panza, Robert D. Gary, Lorain, OH, for Max C. Hughes.
Julius R. Gerlack, Samuel R. Martillotta, Jeffrey M. Embleton (argued and briefed), Mansour, Gavin, Gerlack & Manos, Richard H. Bamberger, Baker & Hostetler, Cleveland, OH, for American Ship Building Co.
Irene C. Walker (argued and briefed), Hugh M. Stanley, Jr., Arter & Hadden, Cleveland, OH, for Huntington Natl. Bank, as Trustee of Pension Plan.
Irwin S. Haiman, Norman S. Buckvar, McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, for American Ship Building Co. Pension Committee, as Administrator of the Pension Plan.
Julius R. Gerlack, Samuel R. Martillotta, Jeffrey M. Embleton (argued and briefed), Mansour, Gavin, Gerlack & Manos, Irwin S. Haiman, Norman S. Buckvar, McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, for Richard Casserly, Stanley J. Lepkowski, Robert R. Buffenbarger, Roy F. Walker.
Before: JONES and GUY, Circuit Judges; and COHN, District Judge.
United States Court of Appeals, Sixth Circuit.
PER CURIAM.
Plaintiffs, a class of former employees of The American Ship Building Company, appeal summary judgment for defendants in this Employee Retirement Income Security Act (ERISA) action in which plaintiffs seek approximately $3,500,000 that had accumulated by reason of actuarial error in an employee pension plan by the time the plan was terminated and liquidated. The district court found that pursuant to 29 U.S.C. § 1344(d)(1) the employer could recover...
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