Astor v. International Business Machines Corp.

CONTIE, Senior Circuit Judge.

Nine former employees of IBM appeal the district court’s decision awarding judgment to their former employer on the pleadings in this ERISA action. IBM, in turn, appeals the district court’s decision denying its counterclaim for costs and attorney fees. We affirm the district court’s determinations in part, and reverse in part, for the following reasons.

I

Plaintiffs-appellants/cross-appellees Vincent Astor, Dennis Dangel, Richard Her-bruek, Linda Hickle, F.J. Madera, Joe Man-zella, Robert Steinberg, Lynn Steiner, and Jack Walsh (collectively “the employees”) are…