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Former employees brought action against employer and its dismissal and death benefits plan seeking dismissal and severance benefits under Employee Retirement Income Security Act (ERISA) and vacation pay and bonuses under Pennsylvania wage payment and collection law. Employees filed motion for summary judgment. The District Court, Ambrose, J., held that: (1) material issue of fact as to whether employees could receive both benefits from employer's death and dismissal benefits program and a pension precluded summary judgment for former employees; (2) former employees “left” employer's employ, as required by terms of vacation payment on termination provision of employee handbook; (3) former employees were entitled to vacation pay and bonuses from employer; and (4) material issue as to whether employer in good faith contested to or disputed former employees' wage claim precluded summary judgment for employees on issue of liquidated damages under Pennsylvania wage payment and collection law. Motion granted in part and denied in part.


United States District Court, W.D. Pennsylvania


Hon. Donetta W. Ambrose


Litman, Litman, Harris, Brown & Watzman, Roslyn M. Litman, Pittsburgh, PA, Daniel P. McIntyre, Falmouth, ME, for plaintiffs. Volk, Frankovitch, Anetakis, Recht, John A. McCreary, Jr., Pittsburgh, PA, Baker & Hostetler, David G. Holcombe, Cleveland, OH, for defendants.

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