United States Third Circuit

In proceedings brought in bankruptcy court by certain retired beneficiaries involving a dispute over the funding of certain retiree benefit increases, a judgment in favor of the retirees is affirmed as there was no abuse of discretion in a finding that the company was obligated under a Confirmed Plan of Reorganization to fully fund its Pension Plan to cover the increase in benefits to beneficiaries of so-called window pensions in 2000 and 2001 immediately upon its determination to grant the enhanced benefits.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

• Before: SMITH, NYGAARD, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• George M. Cheever, Kirkpatrick & Lockhart Preston Gates Ellis, Pittsburgh, PA, Counsel for Appellant.


• For Appellees:
  
• James A. Prostko, Todd T. Zwikl, Pittsburgh, PA, Counsel for Appellee.