United States Ninth Circuit

Defendants' decision to comply with the lawful terms of the employee pension plan following the company's merger was entirely consistent with ERISA's fiduciary requirements, even though plan participants were thereby deprived of the "premium" generated by the merger. Dismissal of plaintiffs' claims is affirmed.

Appellate Information

• Argued 01/07/2004
• Decided 03/11/2004
• Published 03/11/2004

Judges

• CLIFTON, Circuit Judge:, Before: GRABER, TALLMAN, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gary D. Greenwald (argued), Columbus, OH;  Anne Marie La Bue, Columbus, OH;  James C. Egan, Albany, OR, for plaintiffs-appellants.


• For Appellees:
  
• Douglas L. Greenfield, Washington, DC;  Leon Dayan, Washington, DC (argued), for defendant-appellee United Steelworkers of America Local 7150., Brian T. Ortelere, Philadelphia, PA (argued);  Amy Promislo, Philadelphia, PA, for defendants-appellees Oregon Metallurgical Corp., Carlos E. Aguirre, Dennis P. Kelly, Gary Weber, and Jack Cox., Brian J. Lamb, Cleveland, OH;  Gary L. Walters, Cleveland, OH, for defendant-appellee Key Trust Company of the Northwest.