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PENSION BEN. GUARANTY v. DIAMOND REO TRUCKS

No. G78-389-CA5.

509 F.Supp. 1191 (1981)

PENSION BENEFIT GUARANTY CORP., Plaintiff, and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Robert Foster, and Eugene Lewis, Intervening Plaintiffs, v. DIAMOND REO TRUCKS, INC. et al., Defendants.

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

March 19, 1981.

Attorney(s) appearing for the Case

Henry Rose, Bernard Klein, and Lawrence Landgraf, Washington, D. C., for Pension Benefit Guaranty Corp.

Alan Reuther, Detroit, Mich., for all intervening plaintiffs.

Dennis S. Kayes, Hertzberg, Jacob & Weingarten, Detroit, Mich., for Diamond Reo Trucks, Inc., and Lloyd Kempf, Trustee for Diamond Reo Trucks, Inc.

Joseph A. Fink, Lansing, Mich., and Daniel O. Berger, Paxton & Seasongood, Cincinnati, Ohio, for all other defendants.

OPINION

BENJAMIN F. GIBSON, District Judge.

This matter has come before this Court on motions for summary judgment filed by all defendants. Each defendant claims that Plaintiff Pension Benefit Guaranty Corporation's construction and application of Sections 4001(b), 4062(b), and 4062(c) of Title IV of the Employee Retirement Income Security Act of 1974 (hereinafter "ERISA") in this case constitutes an improper exercise of discretion and authority granted...

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