ALGIE v. RCA GLOBAL COMMUNICATIONS, INC.

No. 1706, Docket 94-9318.

60 F.3d 956 (1995)

Thomas ALGIE, Vincent Ingoglia, Eugene Stanley, James Patrick, Wallace Carnegie, Carl Reddo, Stephen G. Safka, Jr., Joseph A. Coppola, George Eccleston, Edward Edelson, John H. Sharp, Henrietta Greco, George Tropiano, Anthony Amelio, William Crouch, Joseph Fezza, Joseph Gleitman, Jack Gold, Calvin Gum, Pedro Richards, Aristedes Zagorianos, Mark Stein, and Dean Heunisches, Plaintiffs-Appellees, v. RCA GLOBAL COMMUNICATIONS, INC., and MCI International, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 12, 1995.


Attorney(s) appearing for the Case

Christine H. Perdue, Fairfax, VA (Charles F. Martel, Joseph J. Saltarelli, Hunton & Williams, New York City, and Fairfax, VA; Anthony V. Alfano, MCI Communications Corp., Washington, DC, on the brief), for defendants-appellants.

John C. Lankenau, New York City (Sharon L. Schneier, Lankenau, Kovner & Kurtz, New York City, on the brief), for plaintiffs-appellees.

Before NEWMAN, Chief Judge, LUMBARD and McLAUGHLIN, Circuit Judges.


JON O. NEWMAN, Chief Judge:

The primary issue on this appeal is whether a severance benefits plan was terminated by the corporation that sponsored the plan for the benefit of its employees. In an action by discharged employees of the sponsor corporation to recover benefits under the plan, pursuant to the Employees Retirement Income Security Act of 1974 (ERISA) § 502(a)(1)(B), the District Court for the Southern District of New York (Michael H. Dolinger, Magistrate...

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