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CONNOLLY v. PENSION BENEFIT GUAR. CORP.

No. 76-2777.

581 F.2d 729 (1978)

John L. CONNOLLY et al., etc., Appellees, v. PENSION BENEFIT GUARANTY CORPORATION, etc., Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing and Rehearing September 9, 1978.

Attorney(s) appearing for the Case

Henry Rose (argued), of Pension Benefit Guaranty Corp., Washington, D. C., for appellant.

Wayne Jett, Los Angeles, Cal., for appellees.

Judith Burghardt (argued), of Dept. of Labor, Washington, D. C., amicus curiae for appellees.

Before ELY and MERRILL, Circuit Judges, and HARPER, Senior District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc September 9, 1978.

HARPER, Senior District Judge.

This is an appeal by the Pension Benefit Guaranty Corporation (hereinafter referred to as PBGC) from a summary judgment entered in favor of the Board of Trustees of the Operating Engineers Pension Trust (Trustees) which exempted the Operating Engineers Pension Plan (Plan) from coverage under the insurance provisions of Title IV of the Employee Retirement...

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