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BORDEN, INC. v. UNITED DAIRY WORKERS PEN. PROGRAM

Civ. A. No. 81-71372.

517 F.Supp. 1162 (1981)

BORDEN, INC., a New Jersey corporation, and Tom J. Ness, Plaintiffs, v. UNITED DAIRY WORKERS PENSION PROGRAM and its Trustee, National Bank of Detroit, in its capacity as Trustee of said Pension Program only, and the United Dairy Workers Pension Program Pension Fund Committee and its Members, John Carney, Robert Williams, Milton Economo, John Baranowski, William Bancroft, Henry Lorence and Robert Kendall, in their capacity as members of said Pension Fund Committee, Defendants.

United States District Court, E. D. Michigan, S. D.

July 8, 1981.

Attorney(s) appearing for the Case

Lawrence G. Campbell, Dickinson, Wright, McKean, Cudlip & Moon, Detroit, Mich., for plaintiffs.

William M. Mazey, Rothe, Mazey, Mazey & Hamburger, Southfield, Mich., for defendants.

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This case came before the court on plaintiffs' motion for a preliminary injunction. After taking evidence and entertaining oral argument on the issues involved, the court granted in substantial part plaintiffs' motion. This memorandum sets forth the reasoning of that ruling.

This case involves the effect to be given to recent amendments to the Employee Retirement Income Security Act (ERISA), 29...

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