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SOLAR v. PENSION BEN. GUARANTY CORP.

No. 77 Civ. 5689(MP).

504 F.Supp. 1116 (1981)

Joseph SOLAR, Sidney Fisher, Bernard Kelly, Frank Alexander, Vincent Regan, James Horne and Michael Mangot, as Trustees of the District No. 15 Machinists' Pension Fund, Plaintiffs, v. PENSION BENEFIT GUARANTY CORPORATION and Kollsman Instrument Company, Defendants.

United States District Court, S. D. New York.

January 6, 1981.

Attorney(s) appearing for the Case

Vladeck, Elias, Vladeck & Engelhard, New York City, by Robert A. Cantore, New York City, for plaintiffs.

Bernard P. Klein, Washington, D.C., for Pension Benefit Guaranty Corp.

Shea & Gould, New York City, by Richard L. Spinogatti, Christopher J. Sues, Susan Ratner, New York City, for defendant Kollsman.

OPINION

MILTON POLLACK, District Judge.

Defendant Kollsman Instrument Company ("Kollsman") has moved for summary judgment pursuant to Rule 56, Fed.R.Civ.P. dismissing Count I of the complaint. The motion is predicated on the resolution by the governmental agency, the defendant Pension Benefit Guaranty Corporation ("PBGC") of questions of motivation and credibility in favor of Kollsman on the basis of which the Agency applied the relevant provisions of the...

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