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MUSE v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 95-6261.

103 F.3d 490 (1996)

Richard R. MUSE, et al., Plaintiffs-Appellants, Patsy S. Adams, et al., Plaintiffs, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 26, 1996.

Attorney(s) appearing for the Case

G. Kennedy Hall, Jr. (argued and briefed), Kenneth S. Handmaker (briefed), Nancy T. Schook (briefed), Middleton & Reutlinger, Louisville, KY, Ronald E. Meisburg, Smith, Heenan & Althen, Washington, DC, for Richard R. Muse, Billie M. Marking, William C. Thorn, Thomas J. McDermott, Benjamin G. Pastrick, Thomas K. Leonard, J. Scott Hackney and Linden Stocker.

G. Kennedy Hall, Jr. (argued and briefed), Kenneth S. Handmaker (briefed), Nancy T. Schook (briefed), Middleton & Reutlinger, Louisville, KY, for William L. Elder.

Charles E. Shivel, Jr., Stoll, Keenon & Park, Lexington, KY, Michael S. Horne (argued & briefed), Jeffrey G. Huvelle, Susan L. Burke (briefed), Covington & Burling, Washington, DC, Howard G. Ziff, IBM Corporation, White Plains, NY, for International Business Machines Corporation.

Before: MARTIN, Chief Judge; CONTIE, Circuit Judge; CARR, District Judge.

BOYCE F. MARTIN, Jr., Chief Judge.

In this class action suit, plaintiffs appeal the district court's order granting their former employer's motion for summary judgment and dismissing their Employee Retirement Income Security Act claims with prejudice. Plaintiffs also appeal the district court's decision to deny their cross motion for summary judgment.

Plaintiffs retired from the Lexington, Kentucky site of International Business Machines Corporation pursuant...

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