STEWART v. PENSION TRUST FUND

No. CIV. JFM-00-418.

175 F.Supp.2d 817 (2001)

Frank STEWART, et al., v. PENSION TRUST FUND, et al.

United States District Court, D. Maryland.

December 10, 2001.


Attorney(s) appearing for the Case

Paul A. Weykamp, Baltimore, MD, for plaintiffs.

G. Stewart Webb, Jr., Maria E. Rodriguez, Venable Baetjer and Howard LLP, Baltimore, MD, for defendants.


MEMORANDUM

MOTZ, District Judge.

On appeal from my memorandum and order entered on May 14, 2000, the Fourth Circuit held that I "did not err in determining that the plain terms of the Pension Agreement do not permit COLAs earned after August 1, 1975 to be treated as `earnings,' even if those COLAs were later rolled into ... [plaintiffs'] base rate of pay." The Fourth Circuit remanded the case, however, for resolution of a dispute raised by the pleadings...

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