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SWINNEY v. GENERAL MOTORS CORP.

No. 93-3872.

46 F.3d 512 (1995)

Tim SWINNEY; Jeff Compton; Steve Durrough; Douglas Hampton; Richard Lipscomb; Robert Milligan; Michael Napier; Joseph Saylor; and Denise Pitts, Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 26, 1995.

Attorney(s) appearing for the Case

David G. Torchia (argued and briefed), Tobias & Kraus, Cincinnati, OH, for plaintiffs-appellants.

John D. Luken, John M. Kunst, Jr. (argued and briefed), Susan J. Luken, Dinsmore & Shohl, Cincinnati, OH, Daniel G. Galant, General Motors Corp., Office of the Gen. Counsel, Detroit, MI, for defendant-appellee.

Leonard R. Page (briefed), Associate Gen. Counsel, International Union, UAW, Detroit, MI, for International Union, United Auto., Aerospace and Agr. Implement Workers of America, UAW, amicus curiae.

Before: BROWN, MARTIN, and BOGGS, Circuit Judges.

BAILEY BROWN, Circuit Judge.

In this case, the plaintiffs, representing a class of former General Motors employees, claim that the defendant General Motors Corporation ("GM") breached its fiduciary duty to them under § 404 of the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. The plaintiffs also claim that GM should be estopped under the federal common law of ERISA from denying them certain benefits. After a bench trial...

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