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COOKE v. LYNN SAND & STONE CO.

No. 94-2318.

70 F.3d 201 (1995)

James H. COOKE, Plaintiff, Appellee, v. LYNN SAND & STONE COMPANY, Trimount Bituminous Products Company, Louis E. Guyott, II, and Stuart Lamb, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 27, 1995.

Attorney(s) appearing for the Case

Robert M. Gault, Boston, MA, with whom Alan S. Gale and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., were on briefs, for appellants.

Joseph F. Hardcastle, Boston, MA, with whom Ralph D. Gants and Palmer & Dodge, were on brief, for appellee.

Before BOUDIN, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Circuit Judge.

BOUDIN, Circuit Judge.

This troublesome appeal involves a determination of benefits due following the termination of a pension plan. On May 18, 1983, Trimount Bituminous Products Co. ("Trimount") purchased Lynn Sand & Stone Co. ("Lynn"). At the time of the purchase, Lynn had in place an employer-sponsored, defined-benefit pension plan. The plan was subject to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq.

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