Robert Fallin, et al v. Commonwealth Industries, Inc., et al

Filing

OPINION and JUDGMENT filed: The order dismissing the claims of all claimants but Corley is AFFIRMED. The order regarding Corley's claim is VACATED, and the case is REMANDED for further proceedings. Decision for publication pursuant to local rule 206. Eugene E. Siler, Jr. and Raymond M. Kethledge (AUTHORING), Circuit Judges; and James L. Graham, U.S. District Judge for the Southern District of Ohio, sitting by designation.

Case: 09-5139

Document: 006111410972

Filed: 08/23/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED

No. 09-5139
ROBERT H. FALLIN ; CHARLES JOHNSON ; CLAUDETTE LOGSDON ;
JOSEPH G. RUSSELBURG ; CLARENCE E. SIMON , JR.; WILLIAM M. GILMORE ;
ERIC CLARK; STEVE J. SMITH ; DONALD CORLEY ,
Plaintiffs-Appellants,
v.

Aug 23, 2012
LEONARD GREEN, Clerk

COMMONWEALTH INDUSTRIES, INC. CASH BALANCE PLAN ;
BENEFITS COMMITTEE FOR THE COMMONWEALTH INDUSTRIES, INC.
CASH BALANCE PLAN ,
Defendants-Appellees,
COMMONWEALTH INDUSTRIES, INC.,
Defendant.

Before: SILER and KETHLEDGE, Circuit Judges; GRAHAM, District Judge.

JUDGMENT
On Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
THIS CAUSE was heard on the record from the district court and was argued by
counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the order dismissing
the claims of all plaintiffs but Corley is AFFIRMED, the order regarding Corley’s
claim is VACATED, and the case is REMANDED for further proceedings consistent
with the opinion of this court.
ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk