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McCLENDON v. CONTINENTAL GROUP, INC.

Civ. No. 83-1340.

648 F.Supp. 1115 (1986)

Cecil McCLENDON, Don Vandertulip, Jimmie Catharn, and Konrad Trojanir, on their own and on behalf of all others similarly situated, Plaintiffs, v. The CONTINENTAL GROUP, INC., a New York corporation incorporated in 1913; Continental Can Company, Inc., a Delaware corporation; the Continental Group, Inc., a New York corporation incorporated in 1982; and KMI Continental Inc., a New York corporation, Defendants.

United States District Court, D. New Jersey.

October 6, 1986.

Attorney(s) appearing for the Case

Siff, Newman, Rosen & Parker, Newark, N.J., Plotkin & Jacobs, Ltd., Davis, Barnhill & Galland, Chicago, Ill., Daniel P. McIntyre, Pittsburgh, Pa., for plaintiffs.

Bell, Boyd & Lloyd, Buchanan, Ingersoll, P.C., Washington, D.C., Williams, Caliri, Miller & Otley, Wayne, N.J., Miller, Cohen, Martens & Ice, Southfield, Mich., Tomar, Seliger, Simonoff, Adourian & O'Brien, Haddonfield, N.J., for defendants.

OPINION

SAROKIN, District Judge.

The four named plaintiffs, all former employees of the defendants who were laid off prior to becoming eligible for certain employee benefits embodied in a collective bargaining agreement, bring this action on behalf of themselves and all others similarly situated. Plaintiffs allege that defendants have violated Section 510 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1140, and the Racketeer...

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