STEPHENS v. PENSION BEN. GUAR. CORP.

No. 13-5129.

755 F.3d 959 (2014)

James C. STEPHENS and Richard Mahoney, Appellants v. PENSION BENEFIT GUARANTY CORPORATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 2014.


Attorney(s) appearing for the Case

Jacks C. Nickens Jr. argued the cause for appellants. With him on the briefs was Robert P. Trout.

Colin B. Albaugh , Attorney, Pension Benefit Guaranty Corporation, argued the cause for appellee. With him on the brief were Judith R. Starr , General Counsel, Israel Goldowitz , Chief Counsel, Stephanie Thomas , Assistant Chief Counsel, and Jean Marie Breen and Mark R. Snyder , Attorneys.

Opinion for the Court filed by Circuit Judge BROWN.


BROWN, Circuit Judge:

When a group of U.S. Airways pilots hung up their wings over a decade ago, they expected prompt payment of their retirement benefits. When payment was delayed 45 days, Appellants filed a class action on behalf of themselves and similarly situated pilots seeking interest for the period of delay. The district court refused to certify a class, holding that James Stephens's claim is not typical of the claims of the rest of the putative class because...

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