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COSTANTINO v. TRW, INC.

Nos. 91-3768, 91-3769.

13 F.3d 969 (1994)

Michael A. COSTANTINO, et al., on behalf of the class of plaintiffs, Plaintiffs-Appellees, Cross-Appellants, v. TRW, INC.; Jake Schoepler, Secretary, Board of Administrators TRW Salaried Pension Plan, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1994.

Rehearing and Suggestion for Rehearing Denied March 29, 1994.

Attorney(s) appearing for the Case

Robert D. Gary (briefed), Lorain, OH, Leonard F. Carr, Carr, Feneli & Carbone, Mayfield Heights, OH, Judith A. Lehnowsky (briefed), Rocky River, OH, Eric H. Zagrans (argued), Leslie Yvonne Spencer, Garfield & Zagrans, Cleveland, OH, for Michael A. Costantino.

Kim F. Bixenstine, Jones, Day, Reavis & Pogue, Cleveland, OH, Joseph M. David, Jones, Day, Reavis & Pogue, Washington, DC, William H. Powderly, III, Jones, Day, Reavis & Pogue, Pittsburgh, PA, William L. Sollee (argued and briefed), Ivins, Phillips & Baker, Washington, DC, for TRW, Inc. and Jake Schoepler.

Before JONES and SILER, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 29, 1994.

AMENDED OPINION

NATHANIEL R. JONES, Circuit Judge.

This class action challenges Defendants' calculation of Plaintiffs' early retirement benefits under Defendants' pension plan. Plaintiffs claim that the retroactive application of interest rates established in section 1139 of the Tax Reform Act of 1986 was unconstitutional, denying them the proper amount of their vested early retirement...

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