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BAKRI v. VENTURE MFG. CO.

No. 05-4532.

473 F.3d 677 (2007)

Rebecca A. BAKRI, Plaintiff-Appellant, v. VENTURE MFG. COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 17, 2007.

Attorney(s) appearing for the Case

ARGUED: William J. O'Malley, O'Malley & Oglesbee, Columbus, Ohio, for Appellant. R. Gary Winters, McCaslin, Imbus & McCaslin, Cincinnati, Ohio, for Appellee. ON BRIEF: William J. O'Malley, O'Malley & Oglesbee, Columbus, Ohio, for Appellant. R. Gary Winters, Ian R. Smith, McCaslin, Imbus & McCaslin, Cincinnati, Ohio, for Appellee.

Before MERRITT and BATCHELDER, Circuit Judges; HEYBURN, Chief District Judge.

OPINION

MERRITT, Circuit Judge.

The question in this ERISA case arising from a company's deferred compensation plan is whether the District Court erred in granting summary judgment for the defendant company by holding that the plaintiff, Rebecca Bakri, a former employee was a participant in a "top hat" deferred compensation plan as defined by 29 U.S.C. § 1051(a)(2)1 which exempts such plans from the vesting or nonforfeitability...

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