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IN RE LUCENT DEATH BENEFITS ERISA LITIGATION

Nos. 06-5008, 06-5009.

541 F.3d 250 (2008)

In re LUCENT DEATH BENEFITS ERISA LITIGATION. Edward Foss; Sarah Conder; Arthur J. Berendt; Robert B. Howard, Appellants (No. 06-5008). Helen P. Lucas, as surviving spouse of Vincent R. Lucas, Appellant (No. 06-5009).

United States Court of Appeals, Third Circuit.

Opinion filed: August 28, 2008.

Attorney(s) appearing for the Case

James R. Malone, Jr., Esquire (Argued), Kimberly L. Kimmel, Esquire, Chimicles & Tikellis, Haverford, PA, Counsel for Appellants, Edward Foss and Sarah Conder.

Alan M. Sandals, Esquire, Scott M. Lempert, Esquire, Sandals & Associates, Philadelphia, PA, Victoria Quesada, Esquire (Argued), Quesada & Moore, West Hempstead, NY, Counsel for Appellant, Helen P. Lucas.

Joseph D. Guarino, Esquire, Epstein, Becker & Green, Newark, NJ, John Houston Pope, Esquire (Argued), Epstein, Becker & Green, New York, NY, Frank C. Morris, Jr., Esquire, Epstein, Becker & Green, Washington, DC, Counsel for Appellee.

Curtis L. Kennedy, Esquire, Denver, CO, Counsel for Amicus-Appellant.

Before: AMBRO, FISHER, and MICHEL, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Former employees of AT & T Corp. ("AT & T") and Lucent Technologies Inc. ("Lucent") appeal the dismissal of their putative class action relating to the termination of a pensioner death benefit provided for in the governing benefit plan. We conclude that this benefit was an unvested welfare benefit and that neither the Employee Retirement Income Security Act ("ERISA...

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