FALLIN v. COMMONWEALTH INDUSTRIES, INC.

No. 09-5139.

695 F.3d 512 (2012)

Robert H. FALLIN; Charles Johnson; Claudette Logsdon; Joseph G. Russelburg; Clarence E. Simon, Jr.; William M. Gilmore; Eric Clark; Steve J. Smith; Donald Corley, Plaintiffs-Appellants, v. COMMONWEALTH INDUSTRIES, INC. Cash Balance Plan; Benefits Committee for the Commonwealth Industries, Inc. Cash Balance Plan, Defendants-Appellees, Commonwealth Industries, Inc., Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2012.


Attorney(s) appearing for the Case

ARGUED: Michael D. Grabhorn , Grabhorn Law Office, PLLC, Louisville, Kentucky, for Appellants. Keith Louis Pryatel , Kastner, Westman & Wilkins, LLC, Akron, Ohio, for Appellees. ON BRIEF: Michael D. Grabhorn , Grabhorn Law Office, PLLC, Louisville, Kentucky, for Appellants. Keith Louis Pryatel , Kenneth Michael Haneline , Kastner, Westman & Wilkins, LLC, Akron, Ohio, for Appellees.

Before: SILER and KETHLEDGE, Circuit Judges; GRAHAM, District Judge.


OPINION

KETHLEDGE, Circuit Judge.

Plaintiffs are retirees who received benefits under Commonwealth Industries' pension plan. They allege that the Plan underpaid them, in violation of the Employee Retirement Income Security Act, when it did not include a subsidy for early retirement in its benefit calculations. In separate orders, the district court first dismissed the claims of all but one plaintiff on limitations grounds, and later granted summary judgment...

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