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LYONS v. GEORGIA-PACIFIC CORP. SALARIED EMPLOYEES

No. 99-10640.

221 F.3d 1235 (2000)

Jerry L. LYONS, individually and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. GEORGIA-PACIFIC CORPORATION SALARIED EMPLOYEES RETIREMENT PLAN, Georgia-Pacific Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 11, 2000.

Attorney(s) appearing for the Case

Eva T. Cantarella, Hertz, Schram & Saretsky, P.C., Bloomfield Hills, MI, for Plaintiff-Appellant.

Gregory C. Braden, Peter Q. Bassett, Jason Nicholas Poulos, Alston & Bird, Atlanta, GA, for Defendants-Appellees.

Stephen R. Bruce, Washington, DC, for U.S. and National Employment Lawyers Ass'n, Amicus Curiae.

Mary Ellen Signorille, AARP Foundation Litigation, Washington, DC, for AARP, Amicus Curiae.

Howard Jonathan Bashman, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, Curtis C. Pett, Appellate Section, Richard Farber, Tax Div., Dept. of Justice, Washington, DC, for The Ass'n of Private Pension and Welfare Pl, Amicus Curiae.

Before CARNES, BARKETT and WILSON, Circuit Judges.

CARNES, Circuit Judge:

This is an Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et. seq., case in which we are called upon to decide issues about how to calculate a consensual, lump sum payout in a front-loaded, defined benefit, cash balance pension plan with fixed interest credits. The principal issue is whether such a payout must be calculated using the present value methodology set out in Treasury Regulations 1.411(a)-11 and 1...

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