MALIA v. GENERAL ELEC. CO.

No. 92-7487.

23 F.3d 828 (1994)

Sam J. MALIA; John A. Glucksnis; Matthew J. Loftus, v. GENERAL ELECTRIC COMPANY; RCA Corporation; Retirement Plan for the Employees of RCA Corporation and Subsidiary Companies; GE Pension Plan, Sam J. Malia, John A. Glucksnis and Matthew J. Loftus, for themselves and all others similarly situated, Appellants.

United States Court of Appeals, Third Circuit.

Decided May 13, 1994.


Attorney(s) appearing for the Case

Thomas W. Jennings, Kent Cprek (argued), Sagot, Jennings & Sigmond, Philadelphia, PA, for appellants.

Joseph J. Costello, Robert J. Lichtenstein, Mark S. Dichter (argued), Morgan, Lewis & Bockius, Philadelphia, PA, for appellees.

Before: STAPLETON, ROTH and LEWIS, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge:

I.

Appellants challenge the results of the merger of two large pension plans. The central issue of this case is whether pension plan participants whose plan is merged with another pension plan are entitled by law to receive only the defined benefits that they had actually accrued under the previous plan or are also entitled to receive a share of any surplus assets in their pension plan. Appellants allege...

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