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NORTHCUTT v. GENERAL MOTORS HOURLY-RATE PENSION

No. 05-4484.

467 F.3d 1031 (2006)

James L. NORTHCUTT and Lewis Smith, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. GENERAL MOTORS HOURLY-RATE EMPLOYEES PENSION PLAN, General Motors Corporation, and General Motors Life and Disability Benefit Program, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 2, 2006.

Attorney(s) appearing for the Case

Ronald E. Weldy (argued), Abrams, Weldy, Drummond & Huiras, Indianapolis, IN, for Plaintiffs-Appellants.

Kay Rivest Butler (argued), Hardy, Lewis, Pollard & Page, Birmingham, MI, for Defendants-Appellees.

Before RIPPLE, KANNE and WOOD, Circuit Judges.

RIPPLE, Circuit Judge.

James Northcutt and Lewis Smith brought this action seeking pension plan benefits withheld from them by their employer, General Motors Corporation ("GM"). GM had suspended the payment of these benefits and was treating the amount otherwise due to the plaintiffs each month as reimbursement for past disability and pension plan overpayments. Mr. Northcutt and Mr. Smith claim that § 502 of the Employee Retirement Income Security Act ("ERISA...

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