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MARSHALL v. CHASE MANHATTAN BANK (NAT. ASS'N)

No. 1325, Docket 77-6061.

558 F.2d 680 (1977)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellant, v. The CHASE MANHATTAN BANK (NATIONAL ASSOCIATION), Appellee.

United States Court of Appeals, Second Circuit.

Decided July 22, 1977.

Attorney(s) appearing for the Case

Jerome S. Cohen, Atty., Plan Benefits Security Div., U. S. Dept. of Labor, Washington, D. C. (Carin A. Clauss, Sol. of Labor, Steven J. Sacher, Assoc. Sol., Washington, D. C., Monica Gallagher, Counsel for Litigation, Francis V. LaRuffa, Regional Sol.), for appellant.

Kenneth A. Perko, Jr., New York City (Milbank, Tweed, Hadley & McCloy, Andrew J. Connick, Edward I. Handelman, New York City, of counsel), for appellee.

Before MULLIGAN, GURFEIN and VAN GRAAFEILAND, Circuit Judges.

MULLIGAN, Circuit Judge:

Since 1961, the Chase Manhattan Bank (National Association) (Chase) has been the trustee of the assets of an employee pension benefit plan — the Pension Plan for Wage Employees of Federal Sweets and Biscuit Company, Inc. Chase was obligated to invest the corpus and to make distributions periodically at the direction of a Pension Board designated by the employer. The employer, Federal Sweets and Biscuit Company, was adjudicated a bankrupt...

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