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FLO-CON SYSTEMS v. PENSION BENEFIT GUAR. CORP.

No. 97-2235.

39 F.Supp.2d 995 (1998)

FLO-CON SYSTEMS, INC., Plaintiff, v. PENSION BENEFIT GUARANTY CORPORATION, Defendant-Third Party Plaintiff, v. Vesuvius USA, Corporation, Vesuvius Crucible Company, Inc., and Cookson America, Inc., Third Party Defendants.

United States District Court, C.D. Illinois.

December 11, 1998.

Attorney(s) appearing for the Case

Lorna K. Geiler, Meyer Capel Hirschfeld Muncy, Jahn & Aldeen, Champaign, IL, Mark A. Dingley, W. James McKay, Adler Pollock & Sheehan Incorporated, Providence, RI, for Flo-Con Systems Inc., plaintiff.

Mark Anthony Amadeo, Pension Benefit Guaranty Corp., Washington, DC, for Pension Benefit Guaranty Corporation, defendant.

Lorna K. Geiler, Rochelle A. Funderburg, Meyer Capel Hirschfeld Muncy, Jahn & Aldeen, Champaign, IL, Mark A. Dingley, W. James McKay, Adler Pollock & Sheehan Incorporated, Providence, RI, for Vesuvius USA, Corporation, Vesuvius Crucible Co., Inc., Cookson America, Inc., third-party defendants.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

BAKER, District Judge.

This controversy involves application of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461, (ERISA) and related sections of the Internal Revenue Code (Code). The plaintiff, Flo-Con Systems, Inc., (Flo-Con) seeks a declaratory judgment that it terminated its Retirement Plan For Hourly Employees (Plan) in conformity with the requirements of ERISA and related...

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