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RICKE v. ARMCO, INC.

No. 3-94 CIV 927.

882 F.Supp. 896 (1995)

Larry B. RICKE, Trustee of Trust Established Pursuant to Section 4049 of the Employee Retirement Income Security Act of 1974, Plaintiff, v. ARMCO, INC., Defendant.

United States District Court, D. Minnesota, Third Division.

March 28, 1995.

Attorney(s) appearing for the Case

Briggs & Morgan, by Samuel L. Hanson and Marian Durkin, Minneapolis, MN, appeared on behalf of plaintiff.

Dorsey & Whitney, by David A. Ranheim and Paul R. Dieseth, Minneapolis, MN, appeared on behalf of defendant.

Kartar Khalsa, Washington, DC, appeared on behalf of the Pension Benefit Guar. Corp. amicus curiae.

Fryberger, Buchanan, Smith & Frederick, by Joseph J. Mihalek, Duluth, MN, appeared on behalf of plaintiffs in a related case, Warner v. Armco, No. 5-92 CIV 120.

ORDER

ALSOP, Senior District Judge.

This matter comes before the Court on the defendant's motion for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure.

I. BACKGROUND

The plaintiff in this action is a trustee appointed by the Pension Benefit Guaranty Corporation (the "PBGC") under section 4049 of ERISA. 29 U.S.C. § 1349(b) (ERISA § 4049(b)). Ricke asserts claims against Armco...

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