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RYBARCZYK v. TRW, INC.

No. 97-4167.

235 F.3d 975 (2000)

Richard J. RYBARCZYK, Minoru Mizuba, and William Rittenhouse, Plaintiffs-Appellees, v. TRW, INC. and TRW Salaried Pension Plan, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 21, 2000.

Attorney(s) appearing for the Case

ARGUED: David S. Cupps, John Winship Read (briefed), Voyrs, Sater, Seymour & Pease, Columbus, Cleveland, Ohio, for Defendant-Appellant TRW, Inc.

Eric H. Zagrans, ZAGRANS LAW FIRM, Elyria, Ohio, for Appellees.

ON BRIEF: David S. Cupps, (argued and briefed), Robert N. Webner (briefed), Vorys, Sater, Seymour & Pease, Columbus, Ohio, John Winship Read (briefed), Amanda Martinsek (briefed), Vorys, Sater, Seymour & Pease, Cleveland, Ohio, for Defendant-Appellant TRW Salaried Pension Plan.

Robert D. Gary (briefed), Gary, Naegele & Theado, Lorain, Ohio, Paul E. Slater (briefed), Sperling, Slater & Spitz, Chicago, Illinois, Eric H. Zagrans (argued and briefed), Zagrans Law Firm, Elyria, OH, for Plaintiffs-Appellees.

Before: WELLFORD, NELSON, and DAUGHTREY, Circuit Judges.

DAVID A. NELSON, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. WELLFORD, J., (p. 987), delivered a separate opinion concurring in part and dissenting in part.

OPINION

DAVID A. NELSON, Circuit Judge.

Here we have an appeal by a manufacturing company and its pension plan from a summary judgment in favor of a class of employees who took early retirement from the company. The plaintiff class-members claimed that the lump sum...

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