BEDINGHAUS v. MODERN GRAPHIC ARTS

No. 92-2210.

15 F.3d 1027 (1994)

William C. BEDINGHAUS, Robert D. Bacon and Barbara J. Orr, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. MODERN GRAPHIC ARTS, and Times Publishing Company, d/b/a St. Petersburg Times, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended April 19, 1994.


Attorney(s) appearing for the Case

Leonard R. Poe, Burnsville, NC, for plaintiffs-appellants.

George K. Rahdert, Rahdert & Anderson, St. Petersburg, FL, for Times Pub.

Donald B. Harden, Mairen C. Kelly, Fisher & Phillips, Atlanta, GA, for all defendants-appellees.

Before DUBINA, Circuit Judge, CLARK and ESCHBACH, Senior Circuit Judges.


CLARK, Senior Circuit Judge:

This is a class action brought by a group of employees to recover benefits due them under the terms of a plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq. Plaintiffs contend that they were entitled to severance pay benefits when the company for which they worked was sold. The district court granted defendants' motion for summary judgment, holding that plaintiffs were not...

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