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O'CONNOR v. COMMONWEALTH GAS CO.

Nos. 00-1798, 00-1799.

251 F.3d 262 (2001)

Joseph O'Connor, Plaintiff, Appellant, Peter Horning, Plaintiff, v. Commonwealth Gas Company, John Williams, Commonwealth Energy System, and William Poist, Defendants, Appellees. Joseph O'Connor, Plaintiff, Peter Horning, Plaintiff, Appellant, v. Commonwealth Gas Company, John Williams, Commonwealth Energy System, and William Poist, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 30, 2001.

Attorney(s) appearing for the Case

David Miller for appellants.

David S. Rubin, with whom Christopher Novello was on brief, for appellees.

Before Selya, Circuit Judge, Coffin, Senior Circuit Judge, and Lipez, Circuit Judge.

COFFIN, Senior Circuit Judge.

This case requires us to revisit the criteria that bring an early retirement incentive plan within the coverage of the Employee Retirement Income Security Act of 1974 (ERISA), codified as amended at 29 U.S.C. §§ 1001-1461 and in scattered sections of Title 26. Appellants O'Connor and Horning, retirees of appellee Commonwealth Gas Company (CGC), appeal from an adverse summary judgment in which the district court held that CGC...

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