No. 01-1979.

275 F.3d 291 (2002)

John F. GRITZER; Donald J. Leonard; Crawford Williams; John Palacki; Donald S. Majorsky; Ken Smetak; Tom McChesney; Thomas Cawoski, for themselves and others similarly situated, v. CBS, INC; Westinghouse Pension Plan John F. Gritzer, Donald J. Leonard, Crawford Williams, John Palacki, Donald Majorsky, Ken Smetak, Tom McChesney, and Thomas Cawoski, Appellants.

United States Court of Appeals, Third Circuit.

January 3, 2002.

Attorney(s) appearing for the Case

William T. Payne, (Argued), Schwartz, Steinsapir, Dohrmann & Sommers, and John Stember, and John T. Tierney, III, Goldberg, Persky, Jennings & White, Pittsburgh, PA, and Daniel P. McIntyre, Miami Beach, FL, Attorneys for Appellants.

Glen D. Nager, (Argued), Jones, Day, Reavis & Pogue, Washington, DC, Attorneys for Appellees.

Before: MANSMANN, ALITO, and BARRY, Circuit Judges.


BARRY, Circuit Judge.

This case, at bottom, is about whether the word "may" means "may" or whether it means "must." We are also called upon to determine the appropriate standard of review where a pension plan allows for discretion but discretion is not exercised. The District court granted the defendants' motion for summary judgment. We have jurisdiction under 28 U.S.C. § 1291 and will affirm.


In spite of the...

Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases