HUTCHISON v. FIFTH THIRD BANCORP

No. 05-4389.

469 F.3d 583 (2006)

JOSEPH F. HUTCHISON, ET AL., PLAINTIFFS-APPELLANTS, v. FIFTH THIRD BANCORP, DEFENDANT-APPELLEE.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 30, 2006.


Attorney(s) appearing for the Case

ARGUED: Richard G. Meyer, DETERS, BENZINGER & LAVELLE, Covington, Kentucky, for Appellants.

Patrick F. Fischer, KEATING, MUETHING & KLEKAMP, Cincinnati, Ohio, for Appellee.

ON BRIEF: Richard G. Meyer, John R. Kirk, DETERS, BENZINGER & LAVELLE, Covington, Kentucky, for Appellants.

Patrick F. Fischer, Sue A. Erhart, KEATING, MUETHING & KLEKAMP, Cincinnati, Ohio, for Appellee.

Before: ROGERS and GRIFFIN, Circuit Judges; HOOD, Chief District Judge.


Pursuant to Sixth Circuit Rule 206

OPINION

ROGERS, Circuit Judge.

This complicated case involves a merger agreement in which Fifth Third guaranteed that the participants in Suburban Bancorporation's pre-merger employee benefit plan would receive funds from Fifth Third's general assets if certain conditions were met. Joseph H. Hutchison, suing on behalf of a class of former Suburban employees, claims that Fifth Third promised to abide by the terms...

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