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McAULEY v. INTERANTIONAL BUSINESS MACHINES CORP.

No. 97-6091.

165 F.3d 1038 (1999)

John A. McAULEY; Theodore A. Griggs; Franklyn R. Lefevre, Sr.; Gerald L. Greenlief, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, INC., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1999.

Attorney(s) appearing for the Case

G. Kennedy Hall, Jr. (argued and briefed), Kenneth S. Handmaker (briefed), Nancy T. Schook (briefed), Middleton & Reutlinger, Louisville, KY, Ronald E. Meisburg (briefed), Heenan, Althen & Roles, Washington, DC, for Plaintiffs-Appellants.

Charles E. Shivel, Jr., Stoll, Keenon & Park, Lexington, KY, Michael S. Horne (argued and briefed), Rebecca S. Campbell (briefed), Covington & Burling, Washington, DC, for Defendants-Appellees.

Before: MERRITT, JONES, and SILER, Circuit Judges.

OPINION

SILER, Circuit Judge.

Plaintiffs are a class of retired employees from defendant International Business Machines ("IBM") Corporation's Lexington, Kentucky plant who retired during a downsizing period under a retirement plan somewhat less favorable than one offered soon after their effective retirement dates. They claim that IBM intentionally withheld information regarding a pending change in retirement options which would have been more favorable...

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