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WAGENER v. SBC PENSION BENEFIT PLAN-NON BARGAINED

No. 04-7060.

407 F.3d 395 (2005)

Marian R. WAGENER, On behalf of herself and on behalf of all others similarly situated and Donald F. Champoux, On behalf of himself and on behalf of all others similarly situated, Appellants v. SBC PENSION BENEFIT PLAN — NON BARGAINED PROGRAM, Appellee

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 2005.

Attorney(s) appearing for the Case

Marc I. Machiz argued the cause for appellants. With him on the briefs were Marka Peterson and Eli Gottesdiener.

John L. Carter argued the cause for appellee. With him on the brief were Bruce A. Blefeld and C. Michael Buxton.

Before: EDWARDS, SENTELLE, and ROBERTS, Circuit Judges.

HARRY T. EDWARDS, Circuit Judge.

The principal question in this case is whether plaintiffs-appellants Marian Wagener and Donald Champoux stated a claim upon which relief can be granted in their complaint alleging that defendant-appellee, the SBC Pension Benefit Plan-Nonbargained Program ("SBC Plan" or "Plan"), impermissibly discriminated against plaintiffs and other Plan participants in the administration of the SBC Plan. We conclude that plaintiffs have indeed stated...

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