Legal Opinion

Delgrosso v. Spang & Co.

Court of Appeals for the Third Circuit

Decided July 30, 1985No. Nos. 84-3618, 84-3644PublishedCited by 53 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge:

Matthew Delgrosso, et al, the non-vested participants1 in the Spang pension plan (the Fund) for its Lorain, Ohio ferro slag plant, sought a ruling which would prevent Spang & Company from appropriating to itself the surplus assets of the Fund and would instead order those assets to be distributed among the non-vested participants. The district court rejected Delgrosso’s claims and entered summary judgment for Spang, clearing the way for Spang & Co. to receive the surplus assets of the Fund remaining after Spang had funded all vested benefits through…

2Cases cited12 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. Katsaros v. CodyCourt of Appeals for the Second Circuit · 1984
  3. Schneider Moving & Storage Co. v. RobbinsSupreme Court of the United States · 1984
  4. Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
  5. Murphy v. Heppenstall Co.Court of Appeals for the Third Circuit · 1980

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3Cited by53 opinions

  1. Hozier v. Midwest Fasteners, Inc.Court of Appeals for the Third Circuit · 1990
  2. Gavalik v. Continental Can Co.Court of Appeals for the Third Circuit · 1987
  3. Virginia Armistead, Cross-Appellants v. Vernitron Corporation Aie--Division of Vernitron Group Insurance Plan, Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1991
  4. Monica M. Zipf v. American Telephone and Telegraph CoCourt of Appeals for the Third Circuit · 1986
  5. Health Cost Controls of Illinois, Inc. v. Valerie WashingtonCourt of Appeals for the Seventh Circuit · 1999

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