STEPHENS v. U.S. AIRWAYS GROUP, INC.

No. 10-7100.

644 F.3d 437 (2011)

James C. STEPHENS and Richard Mahoney, Appellants v. US AIRWAYS GROUP, INC., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 2011.


Attorney(s) appearing for the Case

Jacks C. Nickens argued the cause for appellants. With him on the briefs was Robert P. Trout . Paul D. Flack entered an appearance.

Jean M. Breen argued the cause for appellee Pension Benefit Guaranty Corporation. With her on the brief were Israel Goldowitz , Stephanie L. Thomas , Mark R. Snyder , and Colin B. Albaugh .

Opinion dissenting in part filed by Circuit Judge HENDERSON.


BROWN, Circuit Judge:

James Stephens and Richard Mahoney (collectively "Plaintiffs") are retired U.S. Airways pilots. Each received pensions from the U.S. Airways pension plan ("the Plan"). And each opted to receive his pension in a single lump sum rather than as an annuity. The Plan paid those lump sums 45 days later than Plaintiffs would have received their first checks had they chosen the annuity option. Plaintiffs sued U.S. Airways, claiming the Plan owed them...

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