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INTERN. ASS'N OF MACHINISTS v. ROME CABLE CORP.

No. 91-CV-765.

810 F.Supp. 402 (1993)

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, DISTRICT LODGE NO. 157, by Richard ROY; and William Young, Monica Fox, Paul Perry, Linda Lance, Carlton Rocker, Kenneth Baker, Francis Szmorlo, Richard Swertfager, Joe Andrewski, in Their Individual and/or Representative Capacity and as Representatives of all Existing and Former Hourly Employees of Rome Cable Corporation, Plaintiffs, v. ROME CABLE CORPORATION, Robert P. Tamburrino, Rock E. White, Peter D. Weisse, David E. Harvey, Individually and as Fiduciaries of the Retirement Insurance Plan for Hourly Rates Employees of Rome Cable Corporation, Defendants.

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

February 23, 1993.

Attorney(s) appearing for the Case

Green & Seifter, P.C., Syracuse, NY (Lee Alcott, of counsel), for plaintiffs.

Bond, Scheoneck & King, Syracuse, NY (L. Lawrence Tully, Edward R. Conan, of counsel), Carol Conner Flowe, Washington, DC (Mark Blank, of counsel), Gen. Counsel for the Pension Ben. Guar. Corp. as amicus curiae.

AMENDED MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

Procedural Background

The above-captioned case was initiated by the plaintiffs on July 3, 1991 with the filing of the complaint. The defendants have answered the complaint and now have filed a motion for summary judgment, to which the plaintiffs have responded. The Pension Benefit Guaranty Corporation [hereinafter referred to as "PBGC"], on November 12, 1992, filed an application...

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