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PELL v. E.I. DUPONT DE NEMOURS & CO. INC.

Nos. 06-5006, 06-5088.

539 F.3d 292 (2008)

Melvyn PELL; Ellen Pell, Appellants No. 06-5088 v. E.I. DuPONT DE NEMOURS & COMPANY INCORPORATED, Individually and in its capacity as Administrator of the DuPont Pension and Retirement Plan; The Board of Benefits and Pensions of E.I. DuPont De Nemours, Appellants No. 06-5006.

United States Court of Appeals, Third Circuit.

Filed August 8, 2008.

Attorney(s) appearing for the Case

Robert Jacobs (Argued), Jacobs & Crumplar, Wilmington, DE, Attorney for Melvyn Pell and Ellen Pell.

Donna L. Goodman, Raymond M. Ripple (Argued), E.I. DuPont de Nemours & Company, Legal Department, Wilmington, DE, Attorneys for E.I. Dupont de Nemours & Company Incorporated and the Board of Benefits and Pensions of E.I. Dupont de Nemours.

Before: AMBRO, FISHER and MICHEL, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

Retired employee Melvyn Pell and his wife, Ellen Pell (collectively, "Pell") initiated this litigation against E.I. DuPont de Nemours and Co. and its Board of Benefits and Pensions (collectively, "DuPont") under the Employee Retirement Income Security Act ("ERISA"). Pell claimed that his pension benefit is lower than DuPont had led him to expect. After a bench trial, the...

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