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PENSION BEN. GUAR. CORP. v. WEST SIDE BAKERY

No. 89 Civ. 1637 (WK).

742 F.Supp. 1251 (1990)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff, v. WEST SIDE BAKERY, INC. and Ropp Realty Corporation, Defendants.

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

Reargument Denied September 20, 1990.

As Amended September 21, 1990.

Attorney(s) appearing for the Case

Deborah Stover-Springer, Pension Ben. Guar. Corp., Office of the Gen. Counsel, Washington, D.C., for plaintiff.

John A. Vasile, McGovern, Connelly & Davidson, New Rochelle, N.Y., for defendants.

MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

Pension Benefit Guaranty Corporation ("PBGC") moves for summary judgment on its ERISA claims. For reasons which follow, the motion is granted in part and denied in part.

BACKGROUND1

Defendant West Side Bakery, Inc. ("West Side") is a closely held corporation owned and operated by Rocco, Phillip and Pasquale Cassone ("the Cassone brothers"), who together also...

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