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BALESTRACCI v. NSTAR ELEC. AND GAS CORP.

No. 05-1894.

449 F.3d 224 (2006)

Louis BALESTRACCI, et al., Plaintiffs, Appellants, v. NSTAR ELECTRIC AND GAS CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 31, 2006.

Attorney(s) appearing for the Case

Warren H. Pyle, with whom Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C. was on brief, for appellants.

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

Before SELYA, LYNCH, and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

The question in this case is whether, under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, non-union retirees of NSTAR Electric & Gas Corporation ("NSTAR") were entitled to vested lifetime dental benefits which could not be changed by NSTAR, under the terms of one of two early retirement programs ("ERPs"), one in 1997 and one in 1999. The district court granted summary judgment to NSTAR on the...

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