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NORTHWEST AIRLINES, INC. v. PHILLIPS

No. 11-1730.

675 F.3d 1126 (2012)

NORTHWEST AIRLINES, INC., Plaintiff-Appellee, Air Line Pilots Association, Intervenor below-Appellee, v. Raymond B. PHILLIPS; Michael Tanksley; Belmont Beck; Platt Hubbell; Timothy I. Meldahl; George S. Novotny; William J. Riley; Ralph C. Taylor, Individually, and as Representatives of Persons Similarly Situated, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: April 9, 2012.

Attorney(s) appearing for the Case

Nina Rachel Wasow , argued and on the brief, Oakland, CA, Douglas Micko, Lawrence P. Schaefer , Darren Sharp , Minneapolis, MN, Jeffrey Greg Lewis , Margaret Hasselman , Oakland, CA, on the brief, for Appellant.

Stephen P. Lucke , argued and on the brief, Thomas Tinkham , Andrew T. Holly , on the brief, Minnepolis, MN, for the Appellee Northwest Airlines, Inc.

Richard M. Seltzer , argued and on the brief, Thomas N. Ciantra , Evan Hudson-Plush , New York, NY, on the brief, for Appellee Air Line Pilots Association.

Before LOKEN, BRIGHT, and SHEPHERD, Circuit Judges.

BRIGHT, Circuit Judge.

Appellees Northwest Airlines, Inc. (Northwest) and the Air Line Pilots Association (Pilots Association) filed a complaint seeking a declaratory judgment that their post-bankruptcy retirement benefit plan, the Money Purchase Plan for Pilot Employees (MP3), complied with the Employment Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (2000). Appellants, a group of older Northwest

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