ANDERSON v. CNH U.S. PENSION PLAN

No. 06-3945.

515 F.3d 823 (2008)

Elliott A. ANDERSON, a retiree of Case Corporation on January 1, 1993; on behalf of themselves and a similarly situated class.; William W. Hightower, a retiree of Case Corporation on August 1, 1992; on behalf of themselves and a similarly situated class.; Clarence M. Cole, a retiree of Case Corporation on February 1, 1992; on behalf of themselves and a similarly situated class.; William E. Brown, a retiree of Case Corporation on February 1, 1992, on behalf of themselves and a similarly situated class.; James Boldt, a retiree of Case Corporation on October 1, 2002; on behalf of themselves and a similarly situated class.; John Wolter, a retiree of Case Corporation on January 1, 2000; on behalf of themselves and a similarly situated class.; William Stice, Jr., a retiree of Case Corporation on April 1, 2000; on behalf of themselves and a similarly situated class, Appellants, v. CNH U.S. PENSION PLAN, now known as CNH Global N.V., an employee pension benefits plan within the meaning of Section 3(2)(A) of ERISA, 29 U.S.C. Section 1002(2)(A), with offices in the city of Racine, Wisconsin of Case Corporation.; Pactiv Retirement Plan, now known as CNH Global N.V., an employee pension benefit plan within the meaning of Section 3(2)(A) of ERISA, 29 U.S.C., Section 1002(2)(A), with offices in the city of Lincolnshire, Illinois of Case Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 7, 2008.


Attorney(s) appearing for the Case

Roger McClow, Southfield, MI, for Appellants.

Mary Pat Ninneman, argued, Milwaukee, WI, for Appellee (CNH Pension Plan); and Thomas. J. Piskorski, Brian M. Stolzenbach, argued, Chicago, IL, for Appellee (Pactiv).

Before COLLOTON, ARNOLD, and GRUENDER, Circuit Judges.


COLLOTON, Circuit Judge.

This is a putative class action brought by several retirees of Case Corporation against two entities that administer the company's pension and retirement plans. The district court denied the plaintiffs' motion for class certification on June 30, 2006. The defendants and the named plaintiffs reached a settlement agreement shortly thereafter. The plaintiffs now appeal the district court's denial of class certification. We conclude that the case...

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