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IN RE ERIE FORGE & STEEL, INC.

No. 04-1615.

418 F.3d 270 (2005)

In re: ERIE FORGE & STEEL, INC., Debtor Hourly Employees/Retirees Of Debtor, Appellants v. Erie Forge & Steel Inc.; Pascarella & Wiker, LLP; the Official Committee of Unsecured Creditors; the United Steel Workers of America Appellees.

United States Court of Appeals, Third Circuit.

August 9, 2005.

Attorney(s) appearing for the Case

George M. Schroeck, (Argued), Schroeck & Associates, P.C., for Appellants.

David R. Jury, Assistant General Counsel United Steelworkers of America, Pittsburgh, Pennsylvania, Richard E. Gordon, (Argued), Grossinger Gordon Vatz, LLP, Pittsburgh, Pennsylvania, for United Steel Workers of America.

David Lampl, (Argued), Kimberly A. Coleman, Michael J. Roeschenthaler, Pittsburgh, Pennsylvania, for Pascarella & Wiker, LLP and the Official Committee of Unsecured Creditors.

Before ALITO, McKEE, and SMITH, Circuit Judges.

OPINION

McKEE, Circuit Judge.

A group of former employees appeal an order of the United States District Court for the Western District of Pennsylvania affirming the Bankruptcy Court's approval of a Stipulation of Erie Forge and Steel, Inc. (the "Debtor" or "EFS"), the Official Committee of Unsecured Creditors, and the United Steelworkers of America ("USWA"). The Stipulation resolved the pending Application to Modify Retiree Benefits under 11 U.S.C. §...

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