Bronk v. Mountain States Telephone & Telegraph


Plaintiffs filed suit under the Employee Retirement Income Security Act of 1974 (ERISA), challenging the denial of their request to participate in defendants' employee welfare and pension plans.  On the parties' cross-motions for summary judgment, the district court held that plaintiffs were properly excluded from defendants' employee welfare plans, but would be entitled to participate in defendants' pension plans if they could demonstrate they were common-law employees of defendants.  Defendants filed an interlocutory appeal challenging the district court's holding regarding the pension plans.  The U.S. Court of Appeals for the 10th Circuit reversed and remanded for further proceedings.  On remand, the district court entered judgment in favor of defendants, concluding plaintiffs were not entitled to participate in either the welfare plans or the pension plans.  Plaintiffs appealed that judgment, which was again affirmed by the 10th Circuit.

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