DAVIS v. PENSION BEN. GUAR. CORP.

No. 12-5274.

734 F.3d 1161 (2013)

Thomas G. DAVIS, et al., Appellants v. PENSION BENEFIT GUARANTY CORPORATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 1, 2013.


Attorney(s) appearing for the Case

Anthony F. Shelley argued the cause for appellants. With him on the briefs were Timothy P. O'Toole and Michael N. Khalil .

James J. Armbruster , Assistant Chief Counsel, Pension Benefit Guaranty Corporation, argued the cause for appellee. With him on the briefs were Judith R. Starr , General Counsel, Kenneth J. Cooper , Assistant General Counsel, Kimberly J. Duplechain , Attorney, Israel Goldowitz , Chief Counsel, Charles L. Finke , Deputy Chief Counsel, Paula J. Connelly and Garth D. Wilson , Assistant Chief Counsel, and Joseph Krettek , Attorney.

Opinion for the Court by Circuit Judge ROGERS.


ROGERS, Circuit Judge:

Appellants are approximately 1,700 retired U.S. Airways pilots and their beneficiaries ("the Pilots"). They appeal the grant of summary judgment to the Pension Benefit Guaranty Corporation ("PBGC") on their claims regarding pension benefits payable under the terminated Retirement Income Plan for U.S. Airways Pilots ("the Plan"). Of the Pilots' twelve claims, three claims are not appealed and four claims that are appealed but were not briefed...

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