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BRYTUS v. SPANG & CO.

No. 97-3514.

151 F.3d 112 (1998)

Jean E. BRYTUS; John Lazor; Wheat Giacobbe; John Stanko; Steve Kotyk; Alex Warcholak, and others similarly situated; John Kotyk; Sam Borielle, Jr., and others similarly situated; Edward J. Golonka, and others similarly situated v. SPANG & COMPANY; Union National Bank; Pension Plan, for Former Bargaining Unit Employees of Fort Pitt Bridge and Electric Weld Divisions at Cannonsburg, PA Plant; United Steelworkers of America, AFL-CIO-CLC, a labor organization (D.C. Civil No. 88-cv-02548). Edward J. GOLONKA, and others similarly situated v. SPANG & COMPANY; Pension Plan, for Former Bargaining Unit Employees of Fort Pitt Bridge and Electric Weld Division at Cannonsburg, PA Plant; United Steelworkers of America, (D.C. Civ.No. 91-cv-01041). Jean E. Brytus; John Lazor; Wheat Giacobbe; John Stanko; Steve Kotyk; Alex Warcholak; John Kotyk and Sam Borielle, Jr., and others similarly situated, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 4, 1998.

Attorney(s) appearing for the Case

Daniel P. McIntyre (argued), Miami Beach, FL; William T. Payne, Schwartz, Steinsapir, Dohrmann & Sommers, LLP, Pittsburgh, PA, for Appellants.

Carl B. Frankel, General Counsel, United Steelworkers of America, Pittsburgh, PA; Jeremiah A. Collins (argued), Bredhoff & Kaiser, P.L.L.C., Washington, DC, for Appellee, United Steelworkers of America.

Before: SLOVITER and ROTH, Circuit Judges, and FULLAM, District Judge.

SLOVITER, Circuit Judge.

Counsel for Jean E. Brytus and seven other named plaintiffs, who filed a successful class action against plaintiffs' former employer Spang & Co. for violating the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (ERISA) by failing to distribute the plan surplus to retired workers, filed a motion for attorneys' fees from the common fund they had created. The district court initially denied the motion...

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