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SCHOONEJONGEN v. CURTISS-WRIGHT CORP.

No. 97-5497.

143 F.3d 120 (1998)

Frank C. SCHOONEJONGEN; Wesley L. Losson; John S. Dunning; William Martone; William V. Hanzalek; Edward F. Ziek; Melvin Deblock; Joseph Colquhoun; Joseph Majerscak; Gerard Abbamont; and Olga Wolsey, on behalf of themselves and all others similarly situated, Appellants, v. CURTISS-WRIGHT CORPORATION.

United States Court of Appeals, Third Circuit.

Decided April 29, 1998.

Attorney(s) appearing for the Case

Nicholas F. Lewis (Argued), Everett E. Lewis, Shirely Fingerhood, Lewis, Greenwald, Clifton & Lewis, New York City, for Appellants.

Stephen F. Payerle (Argued) Laurence Reich, Carpenter, Bennett & Morrissey, Newark, NJ, for Appellee.

Before: SLOVITER, RENDELL and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

The sole but important issue in this appeal, which stems from an action alleging a violation of section 402(b)(3) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1102(b)(3) ("ERISA"), has already been framed for us by the Supreme Court in its mandate to our court on remand.1 In particular, we will address the question...

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