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GABLE v. SWEETHEART CUP CO., INC.

Nos. 94-1234, 94-1301.

35 F.3d 851 (1994)

Robert GABLE; Harvey Spies; John Foley; Eugene Foreman, on behalf of themselves and as representatives of a class of persons similarly situated, Plaintiffs-Appellants, v. SWEETHEART CUP COMPANY, INCORPORATED, a Delaware Corporation; Fort Howard Corporation, a Delaware Corporation; Howard Cup Corporation, a Delaware Corporation; Howard Cup Corporation Medical Plan, and its plan administrators, John Does 1 through 10, Defendants-Appellees, and Sweetheart Holdings, Incorporated, a Delaware Corporation; Sweetheart Cup Medical Plan, and its plan administrators, John Does 11 through 20, Defendants (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1994.

Attorney(s) appearing for the Case

ARGUED: John Thomas Ward, Quinn, Ward & Kershaw, P.A., Baltimore, MD, for appellants. Charles Ross Diffenderffer, Miles & Stockbridge, Towson, MD, for appellees. ON BRIEF: Thomas Joseph Minton, Kathryn Miller Goldman, Quinn, Ward & Kershaw, P.A., Baltimore, MD, for appellants. Gary C. Duvall, Miles & Stockbridge, Towson, MD, for appellees.

Before WILKINSON and LUTTIG, Circuit Judges, and TRAXLER, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge LUTTIG and District Judge TRAXLER joined.

OPINION

WILKINSON, Circuit Judge:

The question before us is whether a company violated the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., by decreasing its retirees' medical benefits provided under an employee welfare benefit plan. We find that the company possessed a statutory right...

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