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DISTRICT 65, UAW v. HARPER & ROW, PUBLISHERS, INC.

Nos. 82 Civ. 3657(MGC), 82 Civ. 4042(MGC).

670 F.Supp. 550 (1987)

DISTRICT 65, UAW, et al., Plaintiffs, v. HARPER & ROW, PUBLISHERS, INC., et al., Defendants. Raymond C. HARWOOD, et al., Plaintiffs, v. HARPER & ROW, PUBLISHERS, INC., et al., Defendants.

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

September 30, 1987.

Attorney(s) appearing for the Case

Dreyer & Traub, New York City, for plaintiffs District 65, UAW, et al. by Eugene Mittelman.

Shea & Gould, New York City, for plaintiffs Raymond C. Harwood et al. by Stuart A. Smith, Martin H. Samson.

Gary M. Ford, John H. Falsey, Stephen D. Schrieber, Kenton Hambrick, Washington, D.C., for Pension Benefit Guar. Corp.

Weil, Gotshal & Manges, New York City, for defendants Harper & Row, Publishers, Inc. et al. by Dennis J. Block, Nancy E. Barton, Richard L. Levine.

Reboul, MacMurray, Hewitt, Maynard & Kristol, New York City, for defendant Prudential Ins. Co. of America by Howard Kristol.

OPINION

CEDARBAUM, District Judge.

These actions arise from Harper & Row Publishers, Inc.'s ("Harper & Row") termination of the Harper & Row Publishers, Inc. Retirement Plan ("the Retirement Plan") in December 1981. After terminating the Retirement Plan, Harper & Row liquidated the fund, purchased annuities to provide for accrued benefits, and recaptured the excess contributions. Harper & Row used the excess to purchase approximately...

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