JESSUP v. ALCOA, INC.

Nos. 06-1164, 06-2923.

481 F.3d 1004 (2007)

Jerry JESSUP, et al., Plaintiffs-Appellees, v. ALCOA, INC., et al., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: April 2, 2007.


Attorney(s) appearing for the Case

Henry L. Solano, argued, Pittsburgh, Pennsylvania (Kathlyn Graves and Lisa L. Steele, on the brief), for appellants.

Guy W. Murphy, Jr., argued, Little Rock, Arkansas (Gary D. Jiles, Philip Miron, and Danny Broaddrick, on the brief), for appellees.

Before LOKEN, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.


LOKEN, Chief Judge.

Alcoa, Inc., sold two facilities as going concerns to an unrelated purchaser that continued to operate the facilities under the name Almatis Group. After the sale, salaried employees who continued work without interruption as employees of the purchaser applied to Alcoa for early retirement benefits under the "Rule of 65" provisions of the Alcoa Retirement Plan I (the Plan). When their claims were denied by the Alcoa Benefit Appeals Committee, they...

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