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ABELS v. KAISER ALUMINUM & CHEMICAL CORP.

Civ. A. No. 6:90-0331.

803 F.Supp. 1151 (1992)

Everett R. ABELS, et al., Plaintiffs, v. KAISER ALUMINUM & CHEMICAL CORPORATION, et al., Defendants.

United States District Court, S.D. West Virginia, Parkersburg Division.

September 23, 1992.

Attorney(s) appearing for the Case

Franklin D. Cleckley, Allan N. Karlin, Regina L. Charon, Morgantown, W.Va., for plaintiffs.

Joseph M. Price, Robinson & McElwee, Charleston, W.Va., Stephen H. Booth, Labor & Employment Counsel, Kaiser Aluminum & Chemical Corp., Oakland, Cal., for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Plaintiffs' and Defendants' briefs regarding the right to a jury trial under § 510 of ERISA, 29 U.S.C. § 1140. The Court concludes that there is no right to jury trial, and also concludes that Plaintiffs' claim for punitive damages should be dismissed.

In 1981 the Plaintiffs were laid off by Defendant Kaiser Aluminum. The Plaintiffs were never recalled, and in 1988 their recall...

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