Eichorn v. AT & T Corp.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this appeal from the grant of summary judgment we must decide whether defendants AT & T Corp., NCR Corp., Lucent Technologies, and Texas Pacific Group’s agreement to restrict the hiring of certain employees upon Lucent’s sale of Paradyne Corp. was a violation of § 1 of the Sherman Antitrust Act. We also must decide whether this no-hire agreement which effectively cancelled the plaintiff employees’ AT & T pension bridging rights violated § 510 of the Employee Retirement Income Security Act. We hold the no-hire agreement was a valid covenant not to…