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LIPKER v. AK STEEL CORP.

No. 10-5298.

698 F.3d 923 (2012)

Margaret A. LIPKER, Plaintiff-Appellee, v. AK STEEL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 31, 2012.

Attorney(s) appearing for the Case

ARGUED: Sheryl G. Snyder , Frost Brown Todd LLC, Louisville, Kentucky, for Appellant. John F. Vincent , Martin & Vincent, PSC, Ashland, Kentucky, for Appellee. ON BRIEF: Sheryl G. Snyder , Frost Brown Todd LLC, Louisville, Kentucky, Adam P. Hall , Matthew C. Blickensderfer , Frost Brown Todd LLC, Cincinnati, Ohio, for Appellant. John F. Vincent , Martin & Vincent, PSC, Ashland, Kentucky, for Appellee. Daniel J. Buckley , Glenn V. Whitaker , Mary C. Henkel , Adam C. Sherman , Vorys Sater Seymour & Pease LLP, Cincinnati, Ohio, for Amici Curiae.

McKEAGUE, J., delivered the opinion of the court, in which BOGGS, J., joined, and GOLDSMITH, D.J., joined in part. GOLDSMITH, D.J. (pp. 933-36), delivered a separate opinion dissenting from Section II.D of the majority's opinion.

OPINION

McKEAGUE, Circuit Judge.

When plaintiff Margaret Lipker's husband died, she applied for surviving spouse benefits under the pension benefits plan administered by his former employer, AK Steel Corporation. Her application was granted, but her monthly surviving spouse allowance was considerably smaller than she had expected. Lipker filed suit to recover plan benefits in the amount she believed she was entitled to. The discrepancy between her expectation...

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