Full opinion text
MEMORANDUM OPINION SARGENT, United States Magistrate Judge. This case involves the claims of 124 plaintiffs against their current or former employer, Paramont Coal Corporation, (“Paramont”), its parent company, the Brink’s Company, (“Brink’s”), the Brink’s Company Pension-Retirement Plan, (“the Brink’s Plan”), and the Administrative Committee for Brink’s Company Pension-Retirement Plan, (“the Administrative Committee”). The plaintiffs seek declaratory and equitable relief as well as damages under various claims related to the administration of the Brink’s Plan. Jurisdiction over this matter is based upon federal question jurisdiction, see 28 U.S.C. § 1331, under the Employee Retirement Income Security Act of 1974, (“ERISA”), 29 U.S.C. § 1001 et seq. The case is before the undersigned magistrate judge by consent of the parties pursuant to 28 U.S.C. § 636(c)(1). The Complaint sought recovery based on claims alleging breach of contract, es-toppel, the creation of an informal plan, the reduction of accrued benefits and breach of fiduciary duty. By Memorandum Opinion and Order entered November 18, 2003, the court granted in part and denied in part the defendants’ Motion For Summary Judgment. (Docket Item No. 85.) As a result, the court granted summary judgment in favor of the defendants on the plaintiffs’ claims alleging breach of contract, estoppel, the creation of an informal plan and the reduction of accrued benefits. The court, at that time, denied the defendants’ Motion For Summary Judgment on the plaintiffs’ claims alleging breach of fiduciary duty. By agreed order entered October 7, 2004, the parties agreed to sever the claims of five of the 124 plaintiffs to be tried to the court first. (Docket Item No. 112.) The remaining breach of fiduciary duty claims of those five plaintiffs, Christopher “Brooks” Addington, Jack Blanton, Alton Lawson Jr., Ricky D. Meade and Donald Ratliff, were tried to the court February 22 to March 1, 2005. By Findings of Fact and Conclusions of Law issued June 3, 2005, the court found that the Administrative Committee had breached its fiduciary duty owed Addington when it inaccurately informed him that his monthly early retirement benefits under the Pitt-ston Plan would be $2,140. The court found no breach of fiduciary duty to the other four plaintiff whose claims were tried. This case is currently before the court on the Defendants’ Second Motion For Summary Judgment, (Docket Item No. 190), (“the Motion”), seeking entry of summary judgment in the defendants’ favor on the breach of fiduciary duty claims of the remaining 119 plaintiffs, (“the Remaining Plaintiffs”). The defendants argue that summary judgment should be entered in their favor on the remaining claims because there is no genuine issue of material fact as to the following: 1. The Remaining Plaintiffs’ claims rely on alleged oral representations made by persons who were not acting in a fiduciary capacity; 2. The Remaining Plaintiffs’ claims are barred by the applicable statute of limitations; 3. There was no breach of fiduciary duty to the Remaining Plaintiffs in that there were no misrepresentations to these plaintiffs; and 4. There is no appropriate equitable remedy available to the Remaining Plaintiffs. The defendants also argue that the claims of deceased plaintiff Ray Taylor should be dismissed because he failed to respond to discovery requests. The defendants further argue that the court should dismiss the claims of any other plaintiff who did not provide supplemental discovery responses as ordered by the court. In support of their Motion, the defendants have filed discovery responses from each of the Remaining Plaintiffs, as well as several affidavits and excerpts of deposition testimony. The Remaining Plaintiffs state that they rely on all of the evidence previously put before the court when the claims of the Initial Plaintiffs were tried as well as their discovery responses filed by the defendants. Facts The Pittston Company, (“Pittston”), changed its name to The Brink’s Company, and the Pension-Retirement Plan of The Pittston Company and its Subsidiaries changed its name to The Brink’s Company Pension-Retirement Plan in 2003. Therefore, any references to “Pittston” and “Brink’s” will be interchangeable and refer to The Brink’s Company, and any references to the “Brink’s Plan” or the “Pittston Plan” will be interchangeable and refer to the Brink’s Company Pension-Retirement Plan. Pyxis Resources, (“Pyxis”), then a subsidiary of Pittston, acquired Paramont on July 7, 1986. Pyxis was a Participating Company in the Pittston Plan since before January 1, 1988. At the time of its acquisition by Pyxis, Paramont’s employees all were participants in one of two identical defined-benefit pension plans, the Salaried Employees’ Pension Plan of Paramont Coal Corporation or the Hourly Employees’ Pension Plan of Paramont Coal Corporation, (collectively, “the Paramont Plans”). The Paramont Plans did not require any employee contributions and provided a maximum monthly retirement benefit of $350 for 20 years of service with Paramont. Under the Paramont Plans, all Paramont employees, regardless of their salary, earned the same retirement benefit for the same years of service. The Pittston Plan also is a defined-benefit plan. Under the Pittston Plan, a Participant’s retirement benefits are calculated based on multiplying a percentage of an Average Salary by the number of years of “Benefit Accrual Service.” Section 4.04 of the December 11,1987, and the January 1, 1989, Plans, states: “Service Prior to Participation. The Board [of Directors] shall determine to what extent Benefit Accrual Service shall be credited to any Participant for service for any Subsidiary or Division prior to the date such Subsidiary or Division became a Company.” On September 9, 1988, Pittston’s Board of Directors amended the 1987 Plan to allow the Administrative Committee to adopt amendments to the Plan. On November 18, 1988, the Administrative Committee amended the 1987 Plan to add Exhibit G. Exhibit G merged the Paramont Plans into the Pittston Plan effective January 1, 1989. Exhibit G is entitled “Special Provisions Applicable to Former Participants in the Pension Plans of Paramont Coal Corporation.” The initial paragraph of Exhibit G states: “In connection with such mergers, the provisions of this Exhibit G shall apply, effective January 1, 1989, notwithstanding any provisions elsewhere in the Plan to the contrary.” Exhibit G further states in part: (ii) The accrued pension benefit of each Paramont Participant under the Plan in respect of periods of service prior to January 1, 1989 shall be determined solely in accordance with the provisions of the Paramont Plan in which he was a Participant, as in effect immediately prior to January 1, 1989, based solely on his “Benefit Service” (as defined in such Paramont Plan) on December 31,1988 or any earlier date on which the Paramont Participant ceases to be an employee of Paramont Coal Corporation .... (iii) The accrued pension benefit of each Paramont Participant in respect of periods of service as an employee of Paramont from and after January 1, 1989 ... shall be determined solely in accordance with the provisions of the Plan.... This court previously found that the language of Exhibit G is clear and unambiguous and does not provide for the inclusion of plaintiffs’ years of service with Para-mont prior to January 1, 1989, in the Benefit Accrual Service used to calculate a portion of their retirement benefits under the Pittston Plan. See Adams v. The Brink’s Co., Civ. No. 2:02cv00044, Docket Item No. 80 (W.D.Va. July 28, 2003) (Report and Recommendation), Docket Item No. 85 (W.D.Va. Nov. 18, 2003) (Order adopting Report and Recommendation) and Docket Item No. 130 (W.D.Va. Jan. 18, 2005) (Memorandum Opinion on Plaintiffs’ Motion for Reconsideration). Thus, under the amended Pittston Plan, and this court’s rulings, Paramont employees are entitled to receive the retirement benefit that they accrued under the Para-mont Plans through December 31, 1988, and the benefits they accrued under the Pittston Plan for periods of service after January 1, 1989. Paramont employees also received vesting credit under the Pitt-ston Plan for all of their years of service with Paramont. The Remaining Plaintiffs, with the exception of Jerry W. Baird, Glenda Brady, Scotty Hamilton, Danny Hayes, James Roger Jones, Robin Lovell, Roger Morgan, Franklin D. Mullins and Dennis Ras-nick, base their breach of fiduciary duty claims on various alleged oral misrepresentations. Of the 119 Remaining Plaintiffs, 108 refer to a meeting with all the employees of Pyxis’s operating companies, including all Paramont employees, held at Clinch Valley College at the conclusion of the Pittston-UMWA strike in early 1990, (“the Clinch Valley Meeting”). At this meeting, Gerald Spindler, President of Pittston Coal Group, responded to questions raised by audience members. Most of the Remaining Plaintiffs base their claims, at least in part, on representations they allege that Spindler or others made at this meeting. Many of the Remaining Plaintiffs also cite other alleged oral representations made on other occasions. Each of the Remaining Plaintiffs, with the exception of the Estate of Ray Taylor, has provided responses to defendants’ discovery requests which identified the following former Pittston and Paramont employees, some of whom are plaintiffs in this case, as making these alleged misrepresentations: Michael Quillen, Gerald Spindler, Eddie Neely, Rhonda Miller, Randy Robinette, Kathy Fox, Christopher “Brooks” Adding-ton, Jim Campbell, Mike Clark, Cline Chil-dress, Harry Boone, Wendell Collinsworth, Ralph Dado, James M. Davis, Carl Dotson, Joseph Farrell, Steve Horton, James Roger Jones, R. Dwane McConnell, Ron Oren-der, Scott Perkins, Dennis Rasnick, Donald Ratliff and Gary Swiney. In consideration of the Motion, the court has reviewed the discovery responses provided by each of the Remaining Plaintiffs. While these discovery responses contain allegations of various oral statements made by various former Pittston and Para-mont employees on various occasions, the substance of many of these statements is similar. Jimmy Adams attended the Clinch Valley Meeting, but he has provided no evidence as to any specific misrepresentation made to him at this meeting or who made the misrepresentation. In particular, Adams has stated only that, “I understood that our Paramont years would carry over to the Pittston plan.” Appendix 2(1) to the Defendants’ Memorandum In Support Of Second Motion For Summary Judgment, (hereinafter referred to as “Appendix”). Adams further alleges that, “I remember Scott Perkins also being at that meeting. I don’t remember who made the statements, but I do remember what was said about the Paramont years carrying over to the Pittston Plan.” Adams does not provide any evidence, however, of what he remembers was said. Willie Thacker, (“W. Thacker”), states that, at the Clinch Valley Meeting, “Spin-dler told us that our time with Paramont would carry over into the Pittston plan for retirement benefit purposes.” Appendix 2(107). Robert L. Smallwood states that, at the Clinch Valley Meeting, “Johnny Castle asked Gerry Spindler about our retirement benefits. Spindler told Johnny Castle that the Pittston pension plan was better than the Paramont plan and that we would all be covered under the Pittston plan. Johnny then asked if our Paramont time would carry over to the Pittston plan and Spindler said it would.” Appendix 2(98). Danny C. Hayes also states that, at the Clinch Valley Meeting, Spindler stated that “our Paramont years would carry over to the Pittston plan for benefit purposes.” Appendix 2(44). Johnny Ray Mullins, (“J. Mullins”), states that, at the Clinch Valley Meeting, Spindler “told us that Pittston had bought Paramont and the Paramont retirement would continue. Also that Paramont years of service would carry over into the Pitt-ston plan and would be honored.” Appendix 2(77). Johnny W. Farmer, (“J. Farmer”), states that, at the Clinch Valley Meeting, Spindler said that “my Paramont Time would be carried over to the Pittston Retirement....” Appendix 2(34). J. Farmer also alleges that Quillen and Robi-nette told workers that “our time with Paramont would carry into the Pittston Retirement Plan” at a meeting in either late 1987 or early 1988 at the Ramsey Preparation Plant. Billy Bullion states that, at the Clinch Valley Meeting, Spindler said “that my years of service with Paramont would carry over to the Pittston plan and count toward my retirement.” Appendix 2(13). Bullion alleges that Quillen came to the Dorchester job site and made the same representation, but he provides no date for this representation other than to say that it occurred “around the same time” as the Clinch Valley Meeting. Thelmer Lee Cantrell, (“T. Cantrell”), states that, “Rhonda Miller told me that my years of service with Paramont would be carried over and be part of the calculation of my Pittston retirement benefit. Mike Quillen also spoke to me and others and told me that my retirement benefits would be based on my years worked with Pittston and Paramont.” Appendix 2(20). T. Cantrell does not provide a date for these representations. He does state that he attended the Clinch Valley Meeting and that the same representation was made at that meeting, but he does not remember who made the representation. Vernus Allen Culbertson states that, at the Clinch Valley Meeting, Spindler said that “my years with Paramont would be carried over and included in the Pittson Plan when calculating my pension benefit. I was told that the Pittston Plan was a better retirement plan than the Paramont Plan.” Appendix 2(28). Culbertston also claims this same representation was made periodically by Quillen, Miller, Perkins and Ratliff on the job site in the late 1980s. Larry Gilliam, (“L. Gilliam”), states that, at the Clinch Valley Meeting, Spindler, Quillen and Perkins all said that “the Pitt-ston Plan was better and paid more than the Paramont plan. We were also told that your time with Paramont would carry over with Pittston in calculating retirement benefit.” Appendix 2(37). Phil Thacker, (“P. Thacker”), states that, at a quarterly meeting at the Ramsey Preparation Complex in 1987, “Quillen was asked if the years of service we had with Paramont prior to the buyout would count under the Pittston plan. Quillen said that the years would carry over.” Appendix 2(106). Donald M. Mullins, (“D. M. Mullins”), states that, at the Clinch Valley Meeting, Quillen and Clark said that “Paramont years of service would be included under the Pittston retirement plan.” Appendix 2(74). D. M. Mullins also states that Quil-len made the same representation at a meeting at Deep Mine 13 in the early 1990s. Robert S. Stapleton Jr. states that, at the Clinch Valley Meeting, Spindler talked about the merger of the Paramont and Pittston Plans. Stapleton states that Spindler said “that my Paramont time would be included in my Pittston retirement benefit.” Appendix 2(100). According to Stapleton, Quillen made the same representation, but he did not provide a date for this representation. Floyd Cantrell, (“F. Cantrell”), states that, at the Clinch Valley Meeting, Spin-dler said “that my years with Paramont would be included in the calculation of retirement benefits under the Pittston Plan.” F. Cantrell also alleges someone “made this representation at the plant.” He does not remember who made the representation and does not provide the date of the representation. Denver Hall and R. Dwane McConnell, (“R. McConnell”), also state that Spindler said “that my Paramont years of service would be included in the calculation of retirement benefits under the Pittston Plan” at the Clinch Valley Meeting. Appendix 2(41) & (64). Hall also states, “I believe I was told this by other person[s] but cannot remember who.” R. McConnell states that Ratliff also made the same representation in a meeting at the Esser-ville laboratory in the early 1990s. R. McConnell also states that he was riding with Quillen in a ear once when they passed union members picketing and Quil-len told him that Pittston would recognize his service with Paramont so that he would not have to go through what the union employees were going through. R. McConnell does not provide a date for this statement. Mitchell Salyers states that, “Mike Quil-len, Rhonda Miller, and Donnie Ratliff told me that my Paramont time, previous to the purchase, would be included in the calculation of my Pittston pension.” Appendix 2(93). Salyers does not state when these representations occurred. Salyers also states that he attended the Clinch Valley Meeting where Spindler said “the same thing.” Woodrow Lee Lovell, (“W. Lovell”), states that, at the Clinch Valley Meeting, “Spindler told me that my years with Par-amont would be included in the calculation of my pension benefits under the Pittston Plan.” Appendix 2(62). According to W. Lovell, “[t]his representation was also made at a Paramont Training Center Insurance meeting. I do not remember who made this representation at the training center but the person was Rhonda Miller’s boss.” W. Lovell does not provide a date for this representation. John Cantrell, (“J. Cantrell”), states that, at the Clinch Valley Meeting, Spin-dler said “my time with Paramont would be included in the calculation of my Pitt-ston Pension.” Appendix 2(19). J. Cantrell also alleges, “I was also told by others that my Paramont years of service would be included in the calculation of my Pittston pension but [I] do not remember who made these representations to me.” James Roger Jones, (“J. Jones”), states, “I was told that my Paramont time would be included in the calculation of my Pittston pension.” Appendix 2(52). J. Jones states that this representation was made by Spin-dler at the Clinch Valley Meeting. Carl Thurman Dotson states that Quil-len, Ratliff, Spindler, Neely, Addington and “a lady” told him that “my years with Paramont would be included in calculating my pension benefit under the Pittston Plan. I was also told that the Pittston Plan was a better plan than the Paramont Plan.” Appendix 2(30). Dotson claims that these representations occurred at the Clinch Valley Meeting and at the job sites in the late 1980s. Gregory L. Clark, (“G. Clark”), attended the Clinch Valley Meeting and states that Ratliff and Spindler “told those present that years of service with Paramont would be used in calculating pension benefits under the Pittston Plan.” Appendix 2(23). James E. Cooke states, “Mike Quillen, Donnie Ratliff and Rhonda Miller told me that my years worked with Paramont would be included in the calculation of my Pittston pension.” Appendix 2(26). Cooke claims these statements were made at Par-amont’s Esserville office, but he does not provide a date for these statements. Cooke also alleges that the same representation was made by Spindler at the Clinch Valley Meeting. Ival Mack Meade Jr., (“I. Meade”), states that, at the Clinch Valley Meeting, Spindler said “our Paramont time would be included in the calculation of our Pittston retirement benefit.” Appendix 2(68). Meade also states that Davis made the same representation at the Clinch Valley Meeting. Teddy Dean stated that, at the Clinch Valley Meeting, “[a] representative of Pitt-ston whose name I can’t remember told the group that the Paramont employees would be included in the Pittston retirement plan, which had better benefits than the Paramont plan. He also told us that our total years of employment, including time worked for Paramont, would be used in calculating our pension benefits under the Pittston Plan.” Appendix 2(29). Dean also claims that he was present at several other smaller meetings held at job sites after the Clinch Valley Meeting, at which the same representations were made by other “management representatives.” Ronnie L. Lawson, (“R. Lawson”), states that, at the Clinch Valley Meeting, Spin-dler said, “my time spent with Paramont would be included in the Pittston retirement plan when calculating my pension.” Appendix 2(58). Lawson also states that Ratliff and Neely told him this as well, but he does not provide a date for these statements. Donald E. Mullins, (“D. E. Mullins”), states that, at the Clinch Valley Meeting, Perkins and Spindler said that “our time from Paramont would be included in the Pittston plan and our years of service started with our employment date with Paramont.” Appendix 2(73). Charles Osborne states that, at the Clinch Valley Meeting, Spindler and Perkins said, “my prior years of service at Paramont would be included in the calculation of my retirement benefits under Pittston Plan.” Appendix 2(82). Osborne also states, “I was told that my pension with Pittston would be secure.” According to Osborne, Perkins also made these representations at various work locations, including the Para-mont Shop in the late 1980s or early 1990s. Jerry Tignor states that, at a meeting at the Paramont office in Esserville, Quillen said, “my Paramont time would be included in the calculation of my Pittston pension.” Appendix 2(108). Michael Hopkins states that Quillen, Ratliff and Horton told him that “my time spent with Paramont would be included in the calculation of my Pittston pension benefits” at a meeting at the Ramsey Preparation Plant. Appendix 2(48). Hopkins does not provide a date for this meeting. Hopkins also states that he attended the Clinch Valley Meeting where “Spindler made similar representations.” Clarence Whisenhunt states that Ras-niek and Quillen made representations at safety meetings that his years with Para-mont “would be included” in the calculation of his Pittston pension. Appendix 2(111). Whisenhunt does not indicate when these statements were made. According to Whisenhunt, Spindler also made this same representation at the Clinch Valley Meeting. Whisenhunt also states that he “understood that Paramont employees were being offered their Paramont time in the Pittston Plan in order to remain nonunion.” Michael Whitaker states that he attended a meeting for the Paramont engineering department and office staff held by “the human resources staff’ at the Par-amont office in Esserville in the summer of 1986, at which he was told that his Para-mont time “would be included in the calculation of’ his Pittston pension. Appendix 2(112). Whitaker claims that he attended the Clinch Valley Meeting, at which Perkins and Spindler spoke, but he does not provide any specific representations made at that meeting. Whitaker also states, “I had several individual conversations with my supervisor, Roger Jones, regarding the merger and Pittston’s representation that all years worked for Paramont would be included in Pittston’s retirement plan.” Homer E. Phipps states that a speaker at the Clinch Valley Meeting “told us that all of our Paramont time would be recognized as time served under the Pittston Pension Plan.” Appendix 2(84). Phipps does not remember who the speaker was. Phipps states that the same representation was made at a retraining class at the Esserville offices taught by Rasnick between the time of Pyxis’s acquisition of Paramont and the end of 1987. Phipps also states that he was told “that the Pitt-ston Pension Plan was a much better plan.” Denver Sanders states that, at the Clinch Valley Meeting, Spindler said that “Pittston would recognize all of our Para-mont time regarding the Pittston retirement plan.” Appendix 2(94). Sanders also states that Perkins made the same representation at the Ramsey bathhouse and that Dado made the same representation at an annual retraining meeting. Sanders did not provide a date for these representations other than to say that the meeting at the Ramsey bathhouse occurred shortly after the Clinch Valley Meeting. Oakley Michael Adkins attended the Clinch Valley Meeting, and he alleges that at this meeting, “Gerald Spindler stated that our Paramont years of service would count as Pittston time in calculating pension benefits under the Pittston plan.” Appendix 2(2). Adkins further alleges that “Randy Robinette and Mike Quillen also represented that my years with Para-mont would be included in the Pittston retirement plan.” Adkins alleges that these representations were made at the Ramsey bathhouse, but he provides no date for these representations other than to say that they occurred prior to the Clinch Valley Meeting. He also alleges, “[sjimilar representations were made at annual retraining meetings by Mike Quil-len, Donnie Ratliff and Rhonda Miller over the years.” Gary Mullins, (“G. Mullins”), states that, at the Clinch Valley Meeting, Spindler said that “our time with Paramont would count as time with Pittston.” Appendix 2(76). G. Mullins also states that Gary Swiney and Perkins made the same statements at meetings at Deep Mine 17, but he does not provide dates for these meetings. According to Michael A. Bledsoe, (“M. Bledsoe”), Spindler told those in attendance at the Clinch Valley Meeting that “our time with Paramont would be counted as time for Pittston for purposes of the retirement plan.” Appendix 2(4). M. Bledsoe states that he recalls Ratliff, Quil-len and Miller making the same representation but does not provide a date for these representations. According to Robert F. Bledsoe, Spindler told those in attendance at the Clinch Valley Meeting that “our years of service under the Paramont plan would count toward the Pittston plan.” Appendix 2(5). Roy Ronald Gilliam, (“R. Gilliam”), states that, at the Clinch Valley Meeting, Spindler said that “our years of service with Paramont would count toward our pension benefits with Pittston.” Appendix 2(38). R. Gilliam also asserts that Ratliff and Rasnick told him that his years of service with Paramont would count under the Pittston Plan during annual retraining. Dane R. Hamilton, (“D. Hamilton”), states that “a Pittston representative” at the Clinch Valley Meeting said “that the Para-mont retirement plan would merge with the Pittston retirement plan and that our years at Paramont would be added in with Pittston time. I also received a letter from Pittston in November 1988 signed by Robinette, which said the same thing.” Appendix 2(42). D. Hamilton also states, “[w]e were told that our years with Para-mont would be counted with Pittston time in calculating our retirement benefits.” Claude W. Cox states that, at the Clinch Valley Meeting, Spindler said that “all our years of service with Paramont would count toward our Pittston retirement and that the Pittston [Plan] was superior to our Paramont plan.” Willie M. Falin states that, at the Clinch Valley Meeting, Spindler “told us that our Paramont years of service would be counted at Pittston time.” Appendix 2(32). Falin also alleges that Quillen told him that “the buyout was a blessing and that the benefits would be better than not being bought out.” Donald Kennedy states that, at the Clinch Valley Meeting, Spindler said “all my time with Paramont would be counted in with Pittston’s retirement plan.” Appendix 2(54). Kennedy also states that Spindler said that “the company time went with all Paramont time rolled to Pittston retirement plan.” Kennedy claims that Perkins and Miller said the “same thing at the tipple,” but he does not provide a date for these statements. Michael Erwin Boggs, (“M. Boggs”), states that, at the Clinch Valley Meeting, Spindler said that “my time that I had with Paramont would count on my Pittston retirement.” Appendix 2(7). M. Boggs also alleges that Quillen made the same representation from the back of a pickup truck at the Deep Mine 6 jobsite, but he does not provide a date for this representation. Gregory L. Ireson states that, at the Clinch Valley Meeting and at “safety breaks” thereafter, “[w]e were told that all of our employment time with Paramont would count and be added to our time under The Pittston Retirement Plan.” Appendix 2(50). Ireson does not recall who made these statements. Randall A. Clark, (“R. Clark”), states that, at the Clinch Valley Meeting, Ratliff and Spindler “told us that our years of service with Paramont would count toward our pensions under the Pittston Plan.” Appendix 2(25). R. Clark also alleges that he attended a meeting in the mid 1980s in the red conference room of the Paramont office, during which “Quillen and a lady from Pittston told us that our years of service with Paramont would count toward our pension benefits under the Pittston Plan.” Michael W. Clark, (“M. Clark”), states that he attended the Clinch Valley Meeting, and that Spindler and Perkins “spoke to the employees and explained the merger and told us that our Paramont years of service would be counted in calculating our pension benefits under the Pittston Plan.” Appendix 2(24). Ottis M. Mullins, (“O. Mullins”), states that, at the Clinch Valley Meeting, Spin-dler and Miller said that “our time counted in the retirement plan from the time that we started at Paramont.” Appendix 2(78). 0. Mullins also states that Spindler, Miller, Addington and Childress told him that “our Paramont years would be counted under Pittston’s Plan.” 0. Mullins states that the representations by Addington and Childress occurred at the Esserville Shop, but he did not provide dates for these representations. Roger Morgan states that Spindler, Miller, Quillen and others told him that “my time with Paramont would be counted in calculating my benefit under the Pittston Plan.” Appendix 2(72). Morgan stated that this representation was made in the late 1980s at the Clinch Valley Meeting and by Miller at a company meeting on the job site. Morgan states that he also received benefit statements that confirmed this representation. Randy D. Mullins, (“R. Mullins”), states that “I was told ... that our time with Paramont would count just like we had worked for Pittston all the time.” Appendix 2(79). R. Mullins states that he was told this by Brooks Addington at the Esserville Shop and by Spindler and Ratliff at the Clinch Valley Meeting. Kenneth Meade, (“K. Meade”), states that, at the Clinch Valley Meeting, Spin-dler was asked about retirement benefits after the sale of Paramont to Pittston. “... Spindler told us that our time with Paramont would count under the Pittston plan.” Appendix 2(69). • K. Meade further states, “The same question was asked at group meetings held at the mines both before and after the sale. We were told the same thing — that our time with Para-mont would be included in our pension benefits under the Pittston plan. I also remember Ron Orender, a supervisor at Deep Mine 1, telling me that his understanding from Pittston was that all time with Paramont would be included in the Pittston plan.” Judy Thacker, (“J. Thacker”), states that, at the Clinch Valley Meeting, “the question was asked if our time carried when we worked for Paramont and Mr. Spindler said yes it did and our benefits would continue the same.” Appendix 2(105). J. Thacker also states that, soon after Pittston bought Paramont, Miller said that “my time with Paramont would count under the Pittston retirement plan.” Gary Swiney states that, at the Clinch Valley Meeting, Spindler said that “the Paramont plan was being ‘absorbed’ into the Pittston plan and that all of our time with Paramont would count for purposes of my pension benefit under the Pittston plan.” Appendix 2(103). Gary Williams states that he attended a meeting of all Paramont employees at Par-amont’s Esserville office about one month after the acquisition of Paramont by Pyxis, at which Quillen stated that “the Pittston retirement plan would take over the Para-mont plan and that the years we had worked for Paramont would count in the calculation of my pension under the Pitt-ston plan.” Appendix 2(114). Ralph Wilson Jr. also states that, at the Clinch Valley Meeting, Spindler said that “our years of service would count toward our pension benefits under the Pittston Plan.” Appendix 2(116). Roy D. Jones also attended the Clinch Valley Meeting, and he remembers that Spindler, Ratliff and Perkins all “made statements to the effect that all years of service with Paramont would count toward my Pittston retirement benefit.” Appendix 2(53). George L. Meade, (“G. Meade”), states that, at the Clinch Valley Meeting, Spindler said that “the Paramont Plan would merge with the Pittston Plan. I remember that I was told that my Para-mont years of service would count toward my Pittston retirement benefits.” Appendix 2(66). G. Meade also states, “[ojver the years, I remember others making this representation but do not recall anyone in particular.” Ronnie N. Mullins states that, at the Clinch Valley Meeting, “Spin-dler told us that our Paramont time would count toward our Pittston retirement benefit.” Appendix 2(80). Danny S. Moore states that he was told on four separate occasions that “our time with Paramont would count toward our Pittston pension.” Appendix 2(71). Moore states that he was told this by Spindler at the Clinch Valley Meeting, as well as by Quillen at Deep Mine 1 in 1986, and by Miller and “another person from the Pittston benefits department” whose name he cannot remember at Deep Mine 17 after the merger and again at a group meeting at the Holiday Inn in Norton. Winston M. Richardson, (‘W. Richardson”), states that he attended a meeting in Esserville with other Paramont employees, at which they were told that “years of service with Paramont would be counted toward Pittston retirement benefits.” Appendix 2(90). W. Richardson does not provide the name of the person who made this statement, and he does not recall the date of the meeting. Donald Gene Childress states that, at the Clinch Valley Meeting, Spindler and Quillen “told us that our years worked with Paramont would count under the Pitt-ston Plan.” Appendix 2(21). Isaac Wade Cantrell, (“I. Cantrell”), states that, at the Clinch Valley Meeting, Spindler stated “that our time with Paramont would count under the Paramont retirement plan. I was told my hire date with Paramont would be my hire date with Pittston.” Appendix 2(18). David Freeman states that, at the Clinch Valley Meeting, Spindler said that “my time with Paramont would count on my Pittston retirement and that the Pittston Plan was better than the Para-mont Plan.” Appendix 2(36). Homer Hill states that, at the Clinch Valley Meeting, Spindler explained “how the years we worked with Paramont would be counted on our pension when we retired from Pitt-ston.” Appendix 2(46). Jerry R. Hylton states that, at the Clinch Valley Meeting, a Pittston representative, whose name he cannot recall, “told us that all of our retirement time with Paramont would count with Pittston on our retirement plan and that the Pittston retirement plan would be a better package.” Appendix 2(49). Dusty Robinson states that, at the Clinch Valley Meeting, Spindler said that “Pittston would count our time with Para-mont toward our pension benefits under the Pittston plan.... ” Appendix 2(91). Robinson also states that, after the Clinch Valley Meeting, “I remember discussions about our pension benefits at annual safety training meetings. At these meetings members of management would make statements similar to what we were told at the Clinch Valley College meeting — that our Paramont time would be included in the calculation of our pension under the Pittston plan. I remember Dennis Ras-nick, Donnie Ratliff and Carl Dotson making these statements at these meetings. I also remember receiving a letter from Randy Robinette in late 1986 or 1987 which stated that our time with Paramont would carry over as Pittston time in the Pittston plan.” Denver L. Winebarger states that, at the Clinch Valley Meeting, “Spindler told us that all of our time with Paramont would count in the Pittston plan for our retirement benefits.” Appendix 2(117). Winebarger also states that, prior to the Clinch Valley Meeting, Quillen, at the Es-serville shop, “told us that Pittston was buying Paramont and that our time with Paramont would carry over into the Pitt-ston Plan.” Arthur Wilson states, “[w]e were advised at a company-wide meeting at Clinch Valley College that [the] Paramont retirement would be merged with the Pittston Plan and all our time with Paramont would be counted under the Pittston plan. This meeting was held shortly after Pittston bought Paramont.” Appendix 2(115). Wilson does not identify who made this representation. Wilson also claims that at a safety meeting at the Ramsey bathhouse Dado said that “after Paramont people became vested, Paramont time would be counted as Pittston time for purposes of our pension.” Wilson states that Ratliff and Wendell Collinsworth also spoke at this meeting. According to Wilson, “we were advised that the Paramont and Pitt-ston plans would be merged and our time would count.” David McConnell, (“D. McConnell”), states that, at the Clinch Valley Meeting, Spindler, Perkins and Miller said that “our Paramont time would count in the Pittston Plan as of our Paramont hire date.” Appendix 2(63). D. McConnell also states that Quillen made this same representation at a safety meeting at the Ramsey Preparation Plant in the winter of 1986. John Browning Jr., (“J. Browing”), states that Mike Quillen in 1988 or 1989 told him and all of the employees at the Paramont truck shop at the Esserville facility that “our years of service with Para-mont would count under the Pittston retirement plan and that our retirement would stay in place.” Appendix 2(11). J. Browning states that, at the Clinch Valley Meeting, both Spindler and Perkins said “that our years of service with Paramont would count in the Pittston retirement plan.” J. Browning also alleges that, after the Clinch Valley Meeting, Ratliff came to the truck shop and said “that our service with Paramont would continue under the Pittston retirement plan when calculating pension benefits.” J. Browning does not provide a date for this representation. Thomas J. Hillman states that, at the Clinch Valley Meeting, “we were told that our years with Paramont would count under the Pittston plan in calculating our retirement benefits,” but he does not specify who made this statement. Hillman also states, “[w]e were told that retirement and benefits would not change after the sale to Pittston and that time with Paramont would count under the Pittston plan.” Hillman does not specify who made this statement or when it was made. Arthur W. Jenkins states that, at the Clinch Valley Meeting, Spindler “told the employees present that their years of service with Paramont would be counted in calculating pension benefits under the Pittston Plan.” Appendix 2(51). Jenkins also states, “Spindler ... told us that our years of service with Paramont would count under the Pittston Plan when they calculated our pension benefits.” Tim Lawson, (“T. Lawson”), states that Perkins and Spindler told Paramont employees at the Clinch Valley Meeting that “our Paramont time from our hire date would count under the Pittston retirement plan for benefit purposes.” Appendix 2(59). T. Lawson also claims that Quillen made this same representation at a meeting at the Ramsey Preparation Plant and that Ratliff, Quillen, Perkins, Robinette and Miller made this same representation at retraining meetings, but he does not provide any dates for these representations. Ronald Wayne Large states that, at the Clinch Valley Meeting, Spindler, Miller and Quillen said that “years of service with Paramont would be counted as years of service under the Pittston Plan in calculating our pension benefit under the Pittston Plan.” Appendix 2(57). John Livingston states that he does not remember the names of the people who spoke at the Clinch Valley Meeting, but “they were management people from Paramont and Pittston.” Appendix 2(60). According to Livingston, “[t]hey told us that our Para-mont time would be counted with our Pitt-ston time in calculating our retirement benefits under the Pittston Retirement Plan.” Ricky A. Shelton states that, “I was told that my Paramont time would count in the Pittston Retirement Plan, but Pittston wasn’t exactly sure how it would be done. I was told that the Pittston Retirement Plan would be better. Pittston was supposed to be a more stable company.” Appendix 2(95). Shelton does not state who told him this or when he was told this. According to Shelton: Donnie Ratliff and Rhonda Miller often explained the future amount of retirement benefits, and always included our Paramont time in those examples and calculations. I believed that my Paramont time would be included in my Pittston retirement because of what they told me. Donnie Ratliff and Rhonda Miller assured us that we would get our Paramont retirement money because the money was “out there” — that it had been paid in and was there for us. Scott Perkins assured us that Pittston was working on a plan to roll the Para-mont Plan into the Pittston Plan. Gerry Spindler said at the meeting at Clinch Valley that our Paramont time would count on our Pittston retirement; that we would lose no time. Kenneth S. Sluss states that, at the Clinch Valley Meeting, Spindler said that “my Paramont time would be counted for all purposes in the Pittston Plan.” Appendix 2(97). Sluss states that he “was told this at the mine also,” but he does not state when or by whom he was told. Sluss also claims that Farrell, Ratliff, Clark and Quillen made the same representation, but he has not provided any dates for these representations. Danny Ray Taylor states that, at the Clinch Valley Meeting, Spindler, Perkins and Miller said that “our time with Para-mont and Pittston would be counted together to calculate our retirement benefits.” Appendix 2(104). Taylor states, “we were told that our Paramont time would count towards our retirement under the Pittston plan.” Ronald L. Slemp states: I was told that my Paramont time would count in the Pittston Retirement Plan: that Pittston was a bigger company than Paramont and was more stable as far as coal reserves. I, along with the other employees, were concerned about the company being bought out. I was told that the buy-out would benefit, and not hurt me, my income, benefits and retirement. At various meetings, specifically annual retraining sessions, and at numerous times, Donnie Ratliff always used our Paramont time when he was asked a question about retirement benefits. Because of this, and other representations made by the company, I always counted on my Paramont time being included in my Pittston retirement. At the meeting at [Clinch Valley College] ..., Gerry Spindler told me that my Paramont time would count toward my Pittston retirement. I had 10-11 years with Paramont and was concerned about losing that time in the merger. I was assured that I would not lose that time. One of the employees in the group asked Gerry Spindler if our Para-mont time would be recognized in the Pittston Retirement Plan, and he specifically answered, “Yes” to that question. Appendix 2(96). Freddy Powers states that, at the Clinch Valley Meeting, “Roger Morgan asked what would happen to prior service with Paramont and ... Spindler said our time would count under the Pittston plan toward our pension.” Appendix 2(85). Powers also states, “Shortly after this meeting I spoke with ... Spindler, ... Ratliff and ... Perkins about what would happen to Paramont years of service and what was said during the meeting at Clinch Valley College. Prior to this meeting I had a conversation with ... Quillen and we talked about what would happen to years of service prior to the buy-out by Pyxis. Mike stated that ... Spindler told him that prior years of service with Paramont would count with Pittston.” David Elam states that, at the Clinch Valley Meeting, “we were told that our retirement benefit under the Pittston plan would be based on all of our time at Para-mont. I do not remember who spoke to us at this meeting but they were representatives of Pittston and Paramont.” Appendix 2(31). Freddie G. Cantrell, (“F. G. Cantrell”), states that, at the Clinch Valley Meeting, “we were told that Paramont retirement and service would merge with the Pittston retirement plan and that we would not lose any benefits after the takeover.” Appendix 2(17). F. G. Cantrell does not remember who made this representation. F. G. Cantrell also admits that he received Robi-nette’s November 10, 1988, letter stating that the Paramont Plan would merge into the Pittston Plan as of January 1, 1989. According to F. G. Cantrell, this letter stated “your benefits would be a combination of what you earned on the Paramont plan and what you[]earn on the Pittston plan.” Robin Lovell, (“R. Lovell”), states, “I was told that Paramont and the Pittston Plan would be merged and that I would receive[] pension benefits from the Pitt-ston Plan based on my years of employment with Paramont and Pittston.” Appendix 2(61). R. Lovell states that Spindler, Miller, Perkins, Ratliff and Neely made these representations from the late 1980s until the Clinch Valley Meeting, on the job sites and at the training center. Franklin D. Mullins, (“F. Mullins”), states that, at meetings at the Ramsey Preparation Plant, “[pjromises were made to merge pension plans to benefit Para-mont plans and that Parámont years will count on Pittston retirement.” Appendix 2(75). F. Mullins states that Dado and Miller made these representations but does not provide a date for the representations. Bobby G. Redman states that Miller and Perkins said “Paramont pension would roll over into Pittston Plan.” Appendix 2(87). According to Redman, this statement was made “at the plant,” but he does not provide a date for the statement. Redman states that Spindler made the same statement at the Clinch Valley Meeting. Jeffrey Summers states that, at the Clinch Valley Meeting, Spindler said that “my years of service would rollover into the Pittston Plan for calculating my pension benefit. I was told that the Pittston Plan was a better plan and that I would be taken care of.” Appendix 2(101). Bobby Wheeler agrees that a statement was made at the Clinch Valley Meeting that “all time with Paramont would roll-over into the Pittston retirement plan and that the Pittston retirement plan was better than the Paramont plan.” Appendix 2(110). Wheeler, however, cannot remember whether it was Spindler or Farrell who made this representation. According to Summers, Perkins and Miller made these same representations at the Ramsey Preparation Plant, but he does not recall the date on which they made these representations. According to Wheeler, Mike Clark or Quillen also stated that “all time with Paramont would be rolled over to the Pitt-ston retirement plan and that we would lose nothing” at a meeting at Deep Mine 13 in 1986 or 1987. Jerry W. Baird and Kim Boggs also attended the. Clinch Valley Meeting, but they do not remember what was specifically said or by whom. Appendix 2(3) & (6). Each of them states, however, that after the Clinch Valley Meeting, they thought that their time with Paramont would count under the Pittston Plan. According to Baird, “I also received annual benefit statements through 1998 which reaffirmed what I believed had been represented regarding my pension benefits.” Baird also alleges that he attended a meeting with Fox and Miller in the red conference room at Paramont’s Esserville office in late 1986. According to Baird, “I do not recall what was specifically said at the meeting but I do recall leaving the meeting with the impression that my Paramont years of service would be credited toward my retirement Pittston benefits.” Donald Greear also attended the Clinch Valley Meeting, and he remembers that Spindler spoke, but he has not provided any particular representation made by Spindler at this meeting. Appendix 2(40). Instead, Greear states, “[i]t was my understanding after the meeting that my time with Paramont would be included in the calculation of pension benefits under the Pittston plan.” Greear also alleges that Ratliff made a similar representation to him at a training meeting, but he does not recall the date of this meeting. Lawrence Reeves states that he attended the Clinch Valley Meeting, but he does not provide any specific statements made by any specific person. Instead, he states, “[w]hen I left this meeting I believed that my time with Paramont was going to be counted in the Pittston retirement plan.” Appendix 2(88). Reeves also states, “[a]t the Esserville retraining center after the Clinch Valley meeting, I asked Donnie Ratliff was there any chance that the union half of the company would challenge the non-union [employees’] participation in the Pittston plan. Donnie told me no. Donnie also told me that my Paramont time was going to be counted in the Pittston retirement plan. These representations were also made at several safety meetings. I believe that ... Donnie Ratliff and Wendell [Collinsworth] made these representations.” Holly Meade, (“H. Meade”), states that she attended the Clinch Valley Meeting where Spindler and Ratliff spoke. According to H. Meade, “[s]omeone present at the meeting asked whether time with Par-amont would count under the Pittston retirement plan. I understood that my time with Paramont would count under the Pitt-ston Plan.” Appendix 2(67). H. Meade states that she also had conversations with her supervisor, R. McConnell, at the Ramsey Laboratory Complex. According to H. Meade, “[w]e discussed the retirement plan generally, and no one ever questioned that our Paramont time would not count under the Pittston plan.” H. Meade further states, “[w]hen I was considering retirement, Jim Campbell told my husband, Rick Meade, ... to tell me to stay at Pittston until T got my 25 years’ because my pension benefits would be better than if I retired with 23 years. This meant to me that my 11 years of service with Para-mont were being counted under the Pitt-ston plan.” Don Clark states that, at the Clinch Valley Meeting, “[w]e were told that Para-mont time would equal Pittston time under the Pittston retirement plan. We were also told that all of our Paramont time would go over into the Pittston retirement plan.” Appendix 2(22). Clark states that Spindler made this representation. Frank L. Farmer, (“F. Farmer”), states that, at the Clinch Valley Meeting, “they told us the years we worked for [Paramont] would be added to our Pittston work to figure our retirement.” Appendix 2(33). F. Farmer does not indicate who made this representation. F. Farmer also claims that Quillen made the same representation to him at a meeting “at the back of the Paramont Truck Shop,” but he does not remember when this meeting, took place. Jeffrey Petro states that, at the Clinch Valley Meeting, a representation was made that “our retirement would go on with Pittston and that our time with Para-mont would count under the Pittston Plan toward our retirement benefits.” Appendix 2(83). Petro does not remember the name of the man who made this statement but believes it was a member of management. Petro also states, “at annual safety meetings the question about our retirement benefits would come up and we would be told that our Paramont time counted as Pittston time.” Petro does not identify the person who made these statements or when they were made. James Harry Boone -Jr. states that, at the Clinch Valley Meeting, Spindler said, “our time with Paramont would count as Pittston time for our retirement.” Appendix 2(8). Boone also alleges that Ratliff told him that Farrell had asked Quillen what could be done to keep the union out of Paramont and that Quillen told Farrell that the Paramont pension was not very good, to which Farrell responded “we will give them the Pittston pension.” Boone does not provide a date for this representation. William D. Breeding states that, at the Clinch Valley Meeting, Spindler said, “our time with Paramont Mining would continue with Pittston Coal for our retirement benefits.” Appendix 2(10). Billy D. Cantrell, (“B. D. Cantrell”), states that both Spindler and Perkins said “that our years of service would be figured in with our Pittston retirement” at the Clinch Valley Meeting. Appendix 2(15). Bennett Lee Cantrell, (“B. L. Cantrell”), states that, at the Clinch Valley Meeting, Spindler and Rhonda Miller said “that my Paramont years would be counted under Pittston’s Plan.” Appendix 2(14). Scottie L. Hamilton, (“S. Hamilton”), alleges that, at the Clinch Valley Meeting, Spindler said “that our years of service at Paramont would go toward Pittston retirement benefits.” Appendix 2(43). Hamilton also alleges that he received annual benefit statements which “confirmed this.” Edward D. Graham states that, at the Clinch Valley Meeting, Spindler said “that if you had ten years with Paramont, you had ten years with Pittston that would count toward your retirement under the Pittston Plan.” Appendix 2(39). Gerald Newton states that, at the Clinch Valley Meeting, Spindler said “if you have ten years of Paramont service you had ten years of Pittston service.” Appendix 2(81). Jimmy W. Rose states that, Boone told him at Deep Mine # 7 that “my years with Paramont would be treated as time with Pittston for purposes of the retirement plan.” Appendix 2(92). Rose does not state when Boone made this statement. Rose also states that, Spindler, Ratliff, Perkins and Quillen made the same representation at the Clinch Valley Meeting. “I was told if I have 10 years with Paramont, I have 10 years with Pittston.” Charles Richardson Jr., (“C. Richardson”), states that, at the Clinch Valley Meeting, Spindler said, “if I had 10 years of service with Paramont, I had 10 years of service with Pittston.” Appendix 2(89). C. Richardson also states, “I was also told at safety retraining meetings by Donnie Ratliff, Dennis Rasnick, Wendell Collins-worth, Brooks Addington and Mike Quillen that time with Paramont would count as Pittston time under the Pittston retirement plan. I also attended a meeting at the Esserville truck shop where I was told that my years of service with Paramont would be counted toward [my] Pittston retirement benefit.” C. Richardson states that the safety retraining meetings were held every year, but he does not provide a date for the statements made at these meetings. Hezekiah N. Franklin states that “[i]n approximately 1987 or 1988 Scott Perkins explained to the employees at the Ramsey prep plant ... that our prior years of service with Paramont would be credited under the Pittston Plan.” Appendix 2(35). Clegg G. Hess states that, at the Clinch Valley Meeting, both Spindler and Quillen stated that “we would get credit for our years at Paramont.” Appendix 2(45). Hess also states, “I also remember a meeting at the Paramont training center where Donnie Ratliff gave us several scenarios to show how much better our pension benefits would be under the Pittston Plan and that our Paramont years of service would be included. My supervisor was Brooks Addington and when he retired he told me the reason he was able, to retire from a financial standpoint was because of what he would receive under the Pittston retirement formula with .his Paramont years of service included.” Willis R. Surrett Jr. states that, at the Clinch Valley Meeting, Spindler said that “all prior time with Paramont Coal would be credited to the Pittston retirement plan.” Appendix 2(102). Surrett also states that, during a mine tour in the early 1990s, Perkins said “the new plan would be better than the previous one with all time credited.” Surrett further states that, at a dayshift safety break at Deep Mine # 20 in the mid-1990s, Dado said that the “benefit changes would not affect the retirement plan, that it would stay the same.” David P. King states that, at the Clinch Valley Meeting, “[o]ne of the Pittston men, whose name I can’t remember, told us that Paramont years of employment would add into Pittston years to figure our retirement benefit.” Appendix 2(55). Rasnick states, “[i]t was represented to me that my entire time of vested service at Paramont Coal Company would count toward my vested service in Pittston Coal Company after Pittston bought us.” Appendix 2(86). Rasnick claims that this representation was made by. “Mike Quil-len in June of 1986, and for at least the following 12 months; Donald Ratliff, my supervisor, from June of 1986 through July of 1988; Gerald Spindler, in a meeting at [Clinch Valley College] in 1988 or 1989; Eddie Neely, the financial officer in 1987, in the hall, just outside of his office in Esserville. I worked in the Safety Department, we traveled to various mine sites and had safety meetings, picnic, etc. and heard repeatedly these representations made for months by Donnie Ratliff, Mike Quillen, and others.” Oscar Ray Watson states that, at the Clinch Valley Meeting, “Spindler told us the retirement plan with Paramont would be changed to coincide with the Pittston plan.” Appendix 2(109). Watson also states, “[l]ater at a yearly training class, ... Mike Quillen came in and told us that the Parmont plan would be frozen and put into the Pittston plan. He also said this meant better benefits to us and that Pitt-ston would back up and count our time with Paramont as far back as 1977.” Watson states that Addington later stopped by the truck shop and told him the same thing. Jerry Wayne White claims that representations were made to him on several occasions. Appendix 2(113). White states that on one occasion after the acquisition of Paramont, Rasnick and Ratliff spoke to a group of about 20 to 25 people in the Paramont training room. White states, “I was told that we would have all the same benefits as the Pittston people.” White does not identify who made these statements, although it can be inferred that either Rasnick, Ratliff or both made these statements. White also claims that representations that Paramont employees would get the same benefits “as the Pittston people” were “made on an almost daily basis” by Quillen, Ratliff and others. White also states that on one occasion Quillen spoke to a large crowd at the Esserville Shop and told them that they “would get credit for our Paramont time toward a pension figured like the Pittston employees.” White states that, during annual retraining in 1986 or 1987, Rasniek told him and others that they would get “credit for our years of service with Paramont figured at the Pittston rate.” Donald Ray Stair states that, at the Clinch Valley Meeting, Spindler said that “Paramoiit would be added to Pittston Plan so everything would be 100 % vested and years of service plus age would go toward our retirement.” Appendix 2(99). Glenda Brady did not provide any information in her discovery responses regarding any alleged misrepresentations. Appendix 2(9). John Kelly Browning Sr., (“Browning”), Charles Keith Lane, Henry McFadden and Terry Mitchell state that, due to health problems, they can no longer remember any details of any representations made to them about their pension benefits. Appendix 2(12), (56), (65), (70). In addition to various oral representations, Rasniek states that, in October 1994, he received a letter from Pittston’s Lebanon office informing him that upon his retirement, at age 65, he would receive monthly benefits of approximately $1,300.00. In April 1995, Rasniek received a second letter from the same person at the Lebanon office, informing him that a mistake had been made in calculating his benefits and that the correct amount of his monthly benefits would be $520 per month. Hayes states that he received annual benefit statements that reflected a projected pension benefit which included his years of service with Paramont. Appendix 2(44). Hayes does not specify when he received these statements. R. Lovell and F. Mullins al