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HOWLEY v. MELLON FINANCIAL CORP.

No. 08-1748.

625 F.3d 788 (2010)

Robert M. HOWLEY, Appellee, v. MELLON FINANCIAL CORPORATION; Plan Administrators of the Mellon Financial Corporation Displacement Program; Mellon Bank 401K Retirement Savings Plan; Mellon Financial Corporation Flexible Benefit Program; Benefit Plans 1-10; John Does 1-10; Corporations 1-10; And Mellon Financial Corporation Displacement Program And Its Plan Administrator, Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed: August 31, 2010.

Attorney(s) appearing for the Case

Sherri A. Affrunti, Esq. , Reed, Smith, Princeton, NJ, James C. Martin, Esq. , Daniel E. Wille, Esq. , Reed, Smith, Pittsburgh, PA, Judith E. Posner, Esq. , Reed, Smith, Los Angeles, CA, Attorneys for Appellant.

Kevin Barber, I, Esq. , Peter J. Heck, Esq. , Matthew J. Vance, Esq. , Niedweske, Barber, Morristown, NY, Attorneys for Appellee.

Before: McKEE, Chief Judge, and CHAGARES and NYGAARD, Circuit Judges.

OPINION

McKEE, Chief Judge.

Defendants Mellon Financial Corporation ("MFC") and various MFC-related entities appeal the district court's order granting Howley summary judgment on his claim for benefits under MFC's Displacement Program. For the reasons that follow, we will affirm.

I.

Howley was employed for many years by a subsidiary of MFC known as "Buck Consultants." He was therefore eligible for, and participated in, MFC's Displacement...

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