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ASTOR v. INTERNATIONAL BUSINESS MACHINES CORP.

Nos. 92-3819, 92-3833.

7 F.3d 533 (1993)

Vincent ASTOR; Dennis Dangel; Richard Herbruck; Linda Hickle; F.J. Madera; Joe Manzella; Robert Steinberg; Lynn Steiner; Jack Walsh, Plaintiffs-Appellants, Cross-Appellees, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 20, 1993.

Attorney(s) appearing for the Case

Alan Belkin (argued and briefed), Shapiro, Turoff, Gisser & Belkin, Cleveland, OH, for plaintiff-appellant, cross-appellee.

Michael S. Horne (argued), Covington & Burling, Washington, DC, Tony C. Merry, Vorys, Sater, Seymour & Pease, Columbus, OH, John Winship Read (briefed), Vorys, Sater, Seymour & Pease, Cleveland, OH, Kenneth B. Hammer, IBM Legal Dept., Southfield, MI, for defendant-appellee, cross-appellant.

Before: MILBURN and GUY, Circuit Judges; and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Nine former employees of IBM appeal the district court's decision awarding judgment to their former employer on the pleadings in this ERISA action. IBM, in turn, appeals the district court's decision denying its counterclaim for costs and attorney fees. We affirm the district court's determinations in part, and reverse in part, for the following reasons.

I.

Plaintiffs-appellants/cross-appellees Vincent Astor, Dennis...

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