GRITZER v. CBS, INC.

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.


OPINION OF THE COURT

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.

I.

In spite of the...

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