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PENSION BEN. GUARANTY CORP. v. OUIMET CORP.

Nos. 82-1651 to 82-1653.

711 F.2d 1085 (1983)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff, Appellee, v. OUIMET CORPORATION, et al., Defendants, Appellants. PENSION BENEFIT GUARANTY CORPORATION, Plaintiff, Appellee, v. OUIMET CORPORATION, et al., Defendants, Appellees, v. Herbert C. KAHN, Trustee in Bankruptcy of Tenn-Ero Corporation and in Avon Sole Company, Debtors, Appellants. PENSION BENEFIT GUARANTY CORPORATION, Plaintiff, Appellant, v. OUIMET CORPORATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 9, 1983.

Certiorari Denied November 7, 1983.

Attorney(s) appearing for the Case

Richard G. Maloney, Boston, Mass., with whom Burton L. Williams, and Maloney, Williams & Baer, P.C., Boston, Mass., were on brief, for Ouimet Corp., et al.

Frederick G. Fisher, Jr., Boston, Mass., with whom Paul P. Daley, Hale & Dorr, Sidney Werlin, Richard Zinner, Friedman & Atherton, Bernard A. Riemer, and Riemer & Braunstein, Boston, Mass., were on brief, for Herbert C. Kahn.

Bernard P. Klein, Senior Atty., Washington, D.C., with whom Henry Rose, Gen. Counsel, Mitchell L. Strickler, Deputy Gen. Counsel; Baruch A. Fellner, Associate Gen. Counsel, and James N. Dulcan, Asst. Gen. Counsel, Washington, D.C., were on brief, for Pension Benefit Guaranty Corp.

Before BOWNES and BREYER, Circuit Judges, and WYZANSKI, Senior District Judge.

Certiorari Denied November 7, 1983. See 104 S.Ct. 393.

BOWNES, Circuit Judge.

This case is a sequel to Pension Benefit Guaranty Corp. v. Ouimet Corp., 470 F.Supp. 945 (D.Mass.1979), aff'd, 630 F.2d 4 (1st Cir.1980), cert. denied, 450 U.S. 914, 101 S.Ct. 1356, 67 L.Ed.2d 339 (1981). In that case the district court held that the Employee Retirement Income Security Act...

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