DEVLIN v. TRANSPORTATION COMMUNICATIONS INTERN.

Docket No. 98-7235.

173 F.3d 94 (1999)

Robert J. DEVLIN, Andrew Hagan, Thomas Hewson, Steven Milone, Frederick Rinckwitz, individually, and on behalf of the Retired Employees and their Beneficiaries of the Transportation Communications International Union, Plaintiffs-Appellants, v. TRANSPORTATION COMMUNICATIONS INTERNATIONAL UNION, Robert A. Scardelletti, International President, Plan Administrator and Fiduciary under the Railway Labor Organizations Group Life, Hospital, Surgical and Medical Insurance Plan for their Officers and Employees, and The Travelers Insurance Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 13, 1999.


Attorney(s) appearing for the Case

Arthur M. Wisehart, New York, NY (Wisehart & Koch, of counsel), for Plaintiffs-Appellants.

John A. Edmond, Washington, DC (Andrea H. Larue, Guerrieri, Edmond & Clayman, P.C., New York, NY, of counsel), for Defendants-Appellees Transportation Communications International Union and Robert A. Scardelletti.

Craig P. Murphy, New York, NY (Matthew T. McLaughlin, Windels, Marx, Davies & Ives, of counsel), Defendant-Appellee The Travelers Insurance Company.

Before OAKES, CARDAMONE, and CABRANES, Circuit Judges.


OAKES, Senior Circuit Judge:

Introduction

Plaintiffs-appellants, five retired union employees, challenged, on behalf of themselves and other retired officers, employees, and their beneficiaries,1 the defendants-appellees' amendment of the welfare-benefit plan provided to retired employees and officers to require the retirees to pay $100 per month for their medical benefits. The United States District Court for the Southern...

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