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UNITED STEEL, PAPER AND FORESTRY v. PBGC

Civil Action No. 09-517.

839 F.Supp.2d 232 (2012)

UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO-CLC, on behalf of the Participants and Beneficiaries of the Thunderbird Mining Co. Pension Plan, et al., Plaintiffs, v. PENSION BENEFIT GUARANTY CORPORATION, Defendant.

United States District Court, District of Columbia.

March 20, 2012.

Attorney(s) appearing for the Case

Andrew Dean Roth, Jeremiah A. Collins, Daniel A. Zibel, Bredhoff & Kaiser, P.L.L.C., Norman Bay, U.S. Attorney's Office, Washington, DC, for Plaintiffs.

Israel Goldowitz, Nathaniel Rayle, Pension Benefit Guaranty Corporation Office of the Chief Counsel, Washington, DC, for Defendant.

MEMORANDUM OPINION

BERYL A. HOWELL, District Judge.

In May 2003, the Thunderbird Mining Company ("Thunderbird") filed for bankruptcy, stopped production at its iron ore facility, and placed nearly 400 hourly employees on indefinite temporary layoff. In light of Thunderbird's troubled business prospects, the Pension Benefit Guaranty Company ("PBGC"), in accordance with its statutory mandate to insure and protect pension benefits, moved to terminate...

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