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GERBEC v. U.S.

Nos. 97-3224, 97-3225 and 97-3269.

164 F.3d 1015 (1999)

Robert E. GERBEC and Elizabeth W. Gerbec (97-3224/3269); Raymond E. Morgan and Jennifer L. Morgan (97-3225/3269), Plaintiffs-Appellants/Cross-Appellees, v. UNITED STATES of America, Defendant-Appellee/Cross-Appellant (97-3269).

United States Court of Appeals, Sixth Circuit.

Decided January 15, 1999.

Attorney(s) appearing for the Case

Richard A. Cordray, Grove City, OH, K. Peter Schmidt (briefed), Arnold & Porter, Stephen L. Hester (argued and briefed), Washington, DC, for Plaintiffs-Appellants/Cross-Appellees.

Michael W. Davis, U.S. Department of Justice, Tax Division, Kenneth L. Greene (briefed), Kenneth W. Rosenberg (argued and briefed), U.S. Department of Justice, Appellate Section Tax Division, Washington, DC, Brenda L. Dodrill, Office of the U.S. Attorney, Columbus, OH, for Defendant-Appellee/Cross-Appellant in Nos. 97-3224 and 97-3225.

Kenneth W. Rosenberg (argued and briefed), U.S. Department of Justice, Appellate Section Tax Division, Washington, DC, for Defendant-Appellee/Cross-Appellant in No. 97-3269.

Before: WELLFORD, MOORE, and CLAY, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which MOORE, J., joined. WELLFORD, J. (pp. 1027-29), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

In this case of first impression in this Circuit, we are asked to decide whether settlement proceeds paid to members of a class action suit by their former employer for its violation of § 510 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1140,...

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