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BRYTUS v. SPANG & CO.

No. 98-3627.

203 F.3d 238 (2000)

Jean E. BRYTUS; John Lazor; Wheat Giacobbe; John Stanko; Steve Kotyk; Alex Warcholak, and others similarly situated; John Kotyk; Sam Borielle, Jr., and others similarly situated; Edward J. Golonka, and others similarly situated v. SPANG & COMPANY; Union National Bank; Pension Plan, for Former Bargaining Unit Employees of Fort Pitt Bridge and Electric Weld Divisions at Cannonsburg, PA Plant; United Steelworkers of America, AFL-CIO-CLC, a labor organization (D.C. Civil No. 88-02548) Edward J. Golonka, and others similarly situated v. Spang & Company; Pension Plan, for Former Bargaining Unit Employees of Fort Pitt Bridge and Electric Weld Divisions at Cannonsburg, PA Plant; United Steelworkers of America (D.C. Civil No. 91-01041) Daniel P. McIntyre, Esq. and Schwartz, Steinsapir, Dohrmann & Sommers, LLP, Appellants

United States Court of Appeals, Third Circuit.

Filed February 7, 2000.

Attorney(s) appearing for the Case

Daniel P. McIntyre (Argued), Miami Beach, Florida, William T. Payne, Schwartz, Steinsapir, Dohrmann & Sommers, LLP, Pittsburgh, PA, for Appellants.

Carl B. Frankel, General Counsel, United Steelworkers of America, Pittsburgh, PA, Jeremiah A. Collins (Argued), Bredhoff & Kaiser, P.L.L.C., Washington, D.C., for Appellee, United Steelworkers of America.

Before: SLOVITER, NYGAARD and STAPLETON, Circuit Judges

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Counsel for a class of plaintiffs who were successful in their suit under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, against the sponsor of a pension plan who had terminated the plan and seized the surplus plan assets sought counsel fees, both under the statutory fee shifting provision and from the fund recovered on behalf of the class. The employer/plan sponsor...

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