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NACHMAN CORP. v. PENSION BEN. GUARANTY CORP.

Nos. 77-2146, 77-2147.

592 F.2d 947 (1979)

NACHMAN CORPORATION, Plaintiff-Appellee, v. PENSION BENEFIT GUARANTY CORPORATION and International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 23, 1979.

Attorney(s) appearing for the Case

M. Jay Whitman, International Union, UAW, Detroit, Mich., Mitchell L. Strickler, Deputy Gen. Counsel, Pension Benefit Guaranty Corp., Washington, D. C., for defendants-appellants.

Joel D. Rubin, Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS, Circuit Judge, WISDOM, Senior Circuit Judge, and SPRECHER, Circuit Judge.

SPRECHER, Circuit Judge.

The Pension Benefit Guaranty Corporation and the United Auto Workers appeal from the district court order granting summary judgment in favor of the plaintiff, Nachman Corporation. The lower court granted declaratory relief, limiting Nachman's pension liability to the amounts accumulated in a pension plan trust fund.

The collectively bargained pension plan contains a clause excluding employer...

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