Schoonejongen v. Curtiss-Wright Corp. - Third Circuit U.S. Court Of Appeals

Schoonejongen v. Curtiss-Wright Corp.

By Third Circuit U.S. Court Of Appeals

  • Release Date - Published: 1998-04-29
  • Book Genre: Law
  • Author: Third Circuit U.S. Court Of Appeals
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Schoonejongen v. Curtiss-Wright Corp. Third Circuit U.S. Court Of Appeals read online review & book description:

The sole but important issue in this appeal, which stems from an action alleging a violation of section 402(b)(3) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1102(b)(3) ("ERISA"), has already been framed for us by the Supreme Court in its mandate to our court on remand. In particular, we will address the question directly posed by the Supreme Court: "[W]hether Curtiss-Wrights valid amendment procedure -- amendment `by the company -- was complied with in this case." Curtiss-Wright Corp. v. Schoonejongen, 514 U.S. 73, 85 (1995). The parties agree that we should apply principles of Delaware corporate law to resolve that question. See Schoonejongen v. Curtiss-Wright Corp., Nos. 92-5695, 92-5710 (3d Cir. Aug. 30, 1995) (unpublished opinion).

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