John Bauer v. Summit Bancorp
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
HILL, Circuit Judge.
Appellant John Bauer appeals from the district court order granting summary judgment for appellee Summit Bancorp (Summit) 1 and denying his cross-motion for summary judgment on his claim (Count One) 2 that Summit’s Retirement Plan 3 (Plan) violates the Employment Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. § 1001 et seq. because it excludes hourly employees. Based upon the following discussion, we affirm the judgment of the district court.
I. BACKGROUND
A. Facts
The material facts are undisputed. Bauer worked as a Summit sales…
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