HABERERN v. KAUPP VASCULAR SURGEONS PENSION PLAN

No. 93-1892.

24 F.3d 1491 (1994)

Ruth HABERERN, v. KAUPP VASCULAR SURGEONS LTD. DEFINED BENEFIT PENSION PLAN; Lehigh Valley Vascular Surgeons Ltd. Retirement Plan; Lehigh Valley Vascular Surgeons Ltd.; Kenneth M. McDonald, M.D., Trustee, Kaupp Vascular Surgeons Ltd. Defined Benefit Pension Plan and Trust Agreement, Lehigh Valley Vascular Surgeons Ltd. Retirement Plan, Lehigh Valley Vascular Surgeons Ltd. and Kenneth M. McDonald, Trustee, Appellants.

United States Court of Appeals, Third Circuit.

Decided May 25, 1994.

Rehearing and Rehearing Denied June 20, 1994.


Attorney(s) appearing for the Case

Lawrence J. Fox (argued), Paul R. Fitzmaurice, Drinker Biddle & Reath, Philadelphia, PA, for appellee.

Susan Katz Hoffman (argued), Richard S. Schlegel, Andrew R. Rogoff, Thomas J. Momjian, Pepper, Hamilton & Scheetz, Philadelphia, PA, for appellants.

Steven S. Zaleznick, Cathy Ventrell-Monsees, Mary Ellen Signorille, Warren Gorlick, American Ass'n of Retired Persons, Washington, DC, for amicus curiae American Ass'n of Retired Persons.

Before: GREENBERG, COWEN, and NYGAARD, Circuit Judges.


Rehearing and Rehearing In Banc Denied June 20, 1994.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. OVERVIEW

The four appellants, Lehigh Valley Vascular Surgeons, Ltd. ("Lehigh Valley"), two employee pension plans established by Lehigh Valley, Kaupp Vascular Surgeons Ltd. Defined Benefit Pension Plan and Trust Agreement and Lehigh Valley Vascular Surgeons Ltd. Retirement Plan, a defined contribution plan, and the plans' trustee, Kenneth...

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