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STEPHENS v. RETIREMENT INCOME PLAN FOR PILOTS

No. 01-3913.

464 F.3d 606 (2006)

James C. STEPHENS, Floyd G. Stephens, Richard Mahoney, Donald V. Nippert, Plaintiffs-Appellants, v. RETIREMENT INCOME PLAN FOR PILOTS OF U.S. AIR, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 13, 2006.

Attorney(s) appearing for the Case

ARGUED: J. Bruce Bennett, Cardwell, Hart & Bennett, Austin, Texas, for Appellants. Jean Marie Breen, Office of the Chief Counsel, Pension Benefit Guaranty Corporation, Washington, D.C., for Appellee. ON BRIEF: J. Bruce Bennett, Cardwell, Hart & Bennett, Austin, Texas, for Appellants. Jean Marie Breen, Office of the Chief Counsel, Pension Benefit Guaranty Corporation, Washington, D.C., Karen M. Wahle, Tom A. Jerman, O'Melveny & Myers, Washington, D.C., for Appellee.

Before: MARTIN, and RYAN, Circuit Judges; MARBLEY, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Former pilots of U.S. Airways, represented in this class action by James Stephens and three other former pilots, brought a suit in district court against both their former employer, U.S. Airways, and their pension plan, the U.S. Airways Retirement Plan for Pilots. The pilots alleged six different causes of actions against the airline and the retirement plan under provisions of the Employee Retirement Income Security...

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