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STAMPER v. TOTAL PETROLEUM, INC. RETIREMENT PLAN

No. 98-3013.

188 F.3d 1233 (1999)

Paul H. STAMPER, et al., Plaintiffs-Appellants, v. TOTAL PETROLEUM, INC. RETIREMENT PLAN FOR HOURLY RATED EMPLOYEES WITH THE BARGAINING UNIT REPRESENTED BY LOCAL 642 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS (AFL-CIO), et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 27, 1999.

Attorney(s) appearing for the Case

Marc Rifkind (Thomas J. Hart, Slevin & Hart, Washington, D.C., and Charles Schwartz, Blake & Uhlig, Kansas City, Kansas with him on briefs), Slevin & Hart, Washington, D.C., for Plaintiffs-Appellants.

Jeffrey E. Goering (Lee Thompson with him on briefs), Triplett, Woolf & Garretson, LLC, Wichita, Kansas, for Defendants-Appellees.

Before Circuit Judge, Senior Circuit Judge, and Circuit Judge.

EBEL, Circuit Judge.

Plaintiffs-appellants ("appellants"), former employees of Total Petroleum ("Total"), sued Total, the pension plan it sponsored ("Plan"), and the Plan's fiduciaries (collectively "appellees") under the Employee Retirement Insurance Security Act of 1974 and its amendments ("ERISA") on the ground that Total unlawfully amended the Plan in a way that reduced the appellants' "accrued benefits." The district court granted appellees' motion for summary...

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