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RAMSEY v. FORMICA CORP.

No. 04-3464.

398 F.3d 421 (2005)

Benjamin Frank RAMSEY; William Boyd; Gerald Eckel; Elzie Halsey; Lucian Johnson; Bruce Maybriar, on behalf of themselves and all members of the putative class, Plaintiffs-Appellants, v. FORMICA CORPORATION; Scott A. Smith; Edward R. Case; Earl M. Bennett; Frank A. Riddick, III, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 9, 2005.

Attorney(s) appearing for the Case

ARGUED: Marc D. Mezibov, Mezibov & Jenkins, Cincinnati, Ohio, for Appellants. Jack F. Fuchs, Thompson Hine, Cincinnati, Ohio, for Appellee. ON BRIEF: Marc D. Mezibov, Christian A. Jenkins, Mezibov & Jenkins, Cincinnati, Ohio, for Appellants. Jack F. Fuchs, Thompson Hine, Cincinnati, Ohio, for Appellee.

Before: MARTIN and BATCHELDER, Circuit Judges; O'MEARA, District Judge.

BOYCE F. MARTIN, JR., Circuit Judge.

The issue in this case is whether the temporary restraining order requested by plaintiffs is an authorized form of relief under the Employee Retirement Income Security Act. Plaintiffs and putative class members are former employees of Formica Corporation and participants in Formica's benefit pension plan who received overpayments of benefits each month for between eight and seventeen years. After an audit revealed the overpayments...

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