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HARTE v. BETHLEHEM STEEL CORP.

No. 98-2052.

214 F.3d 446 (2000)

Robert J. HARTE, Appellant v. BETHLEHEM STEEL CORPORATION; General Pension Board of the Bethlehem Steel Corporation and Subsidiary Companies; Michael P. Dopera, Secretary, Employee Benefits Administration Committee

United States Court of Appeals, Third Circuit.

Opinion Filed February 29, 2000.

Panel Rehearing Granted March 21, 2000.

Submitted April 17, 2000.

Opinion Filed May 26, 2000.

As Amended July 19, 2000.

Attorney(s) appearing for the Case

Donald P. Russo (Argued), Bethlehem, PA, for Appellant.

G. Stewart Webb, Jr. (Argued), Randolph Stuart Sergent, Venable, Baetjer and Howard, LLP, Baltimore, MD, Kathleen M. Mills, Bethlehem Steel Corporation, Law Department, Bethlehem, PA, for Appellees.

Before: BECKER, Chief Judge, McKEE, and NOONAN Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) April 17, 2000.

OPINION OF THE COURT

BECKER, Chief Judge.

This appeal, arising out of a claim for pension benefits under ERISA, is set in the familiar factual pattern of an employee's being denied a more advantageous pension because of a minor shortfall in the required period of service. Robert J. Harte had accrued credit for fourteen years, eleven months,...

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