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FENTON v. JOHN HANCOCK MUT. LIFE INS. CO.

Nos. 02-1960, 03-1277, 03-1278.

400 F.3d 83 (2005)

Karen FENTON; Jeanne Randolph; Kathleen Wagner, Plaintiffs, Eileen Cheever; Anthony Costanzo; Mary Ann Diebold; Rosemary Gibson; Edith Neil; Marilyn Nuss; Susan Oikelmus, Plaintiffs-Appellees/Cross Appellants, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, as the Administrator of the John Hancock Mutual Life Insurance Company Pension Plan, Defendant-Appellant/Cross Appellee.

United States Court of Appeals, First Circuit.

Decided March 10, 2005.

Attorney(s) appearing for the Case

Robert S. Frank, Jr., with whom Michelle L. Dineen Jerrett, Choate, Hall & Stewart, and Stephen H. Goldberg, Kristin A. Shepard, Jorden Burt LLP, were on brief, for defendant-appellant/cross appellee.

Jeffrey B. Renton, with whom Robert J. Gilbert, Gilbert & Renton LLC, was on brief, for plaintiffs-appellees/cross-appellants.

Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

The district court granted summary judgment in favor of the seven former employees in this action against their former employer, John Hancock Mutual Life Insurance Company. The complaint seeks enhanced early retirement benefits under the company's pension plan. The question at issue is whether a 1994 amendment to the plan, making early retirement with full benefits available at age 56 to those with 25 years of service, applies...

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