SENIOR v. NSTAR ELEC. AND GAS CORP.

No. 05-2015.

449 F.3d 206 (2006)

Charles J. SENIOR; Norman Fahy; Ronald D. Phipps; Raymond W. Postma; Thomas G. Hirl; Garrett M. Fagan; United Steelworkers of America, Local 12004, Plaintiffs, Appellants, v. NSTAR ELECTRIC AND GAS CORPORATION; Commonwealth Gas Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 31, 2006.


Attorney(s) appearing for the Case

Abigail V. Carter, with whom John M. West and Bredhoff & Kaiser, P.L.L.C. were on brief, for appellants.

Keith B. Muntyan, with whom Robert P. Morris and Morgan, Brown & Joy were on brief, for appellees.

Before SELYA, LYNCH, and LIPEZ, Circuit Judges.


LYNCH, Circuit Judge.

The question presented is whether former utility company employees who took advantage of early retirement programs are entitled by reason of a labor agreement to vested lifetime dental benefits that could not be changed by the company. Such dental benefits are not given to other former employees or to present employees. These benefits are welfare benefit plan benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C...

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