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D'AMICO v. CBS CORP.

No. 01-3956.

297 F.3d 287 (2002)

Nick J. D'AMICO; Cliff Hollihan; Joseph G. Muto; Kevin Beam, Appellants, v. CBS CORPORATION, f/k/a Westinghouse, Inc; The Westinghouse Electric Company Pension Plan.

United States Court of Appeals, Third Circuit.

Filed July 18, 2002.

Attorney(s) appearing for the Case

Colleen E. Ramage, Ramage & Valles, Pittsburgh, PA, Gary F. Lynch, New Castle, PA, Theodore Goldberg, David B. Rodes, (argued), John T. Tierney, III, Goldberg, Persky, Jennings & White, P.C., Pittsburgh, PA, for appellants.

Glen D. Nager, Jack W. Campbell, IV, (argued), Jones, Day, Reavis & Pogue, Washington, D.C., Amy E. Dias, Jones, Day, Reavis & Pogue, Pittsburgh, PA, for appellees.

BEFORE: ROTH and STAPLETON, Circuit Judges, POLLAK, District Judge.

ROTH, Circuit Judge.

This ERISA case requires us to apply our recent decision in Harrow v. Prudential Ins. Co., 279 F.3d 244 (3d Cir.2002), to determine whether plaintiffs, the D'Amico claimants, must exhaust plan remedies before proceeding with breach of fiduciary duty claims against their former employer, defendant CBS, Inc. See § 404 of ERISA, 29 U.S.C. § 1104(a).

The District Court granted summary...

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