PENSION BENEFIT GUAR. CORP. v. OUIMET CORP.

No. 79-1414.

630 F.2d 4 (1980)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff-Appellee, and United Rubber, Cork, Linoleum and Plastic Workers of America, Solomon Reddix and Alex Williams, Plaintiffs-Intervenors-Appellees, v. OUIMET CORPORATION, Ouimet Stay & Leather Company, Ouimet Welting Company, Emil R. Ouimet Wareham Trust, Avon Sole Company, Tenn-ERO Corporation and Herbert Kahn, Trustee, Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided August 29, 1980.


Attorney(s) appearing for the Case

Richard G. Maloney and Sidney Werlin, Boston, Mass., with whom Maloney, Williams & Baer, Richard M. Zinner, Friedman & Atherton, Paul P. Daley, Hale & Dorr, Richard E. Mikels, and Riemer & Braunstein, Boston, Mass., were on brief, for defendants-appellants.

Judith F. Mazo, Washington, D.C., with whom Henry Rose, James N. Dulcan and Burns, Jackson, Miller, Summit & Washington, Washington, D.C., were on brief, for Pension Benefit Guaranty Corp., plaintiff-appellee.

Bertram Diamond, Stamford, Conn., for United Rubber, Cork, Linoleum and Plastic Workers of America, Soloman Reddix and Alex Williams, plaintiffs-intervenors-appellees.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


BOWNES, Circuit Judge.

Jurisdiction in this interlocutory appeal from the United States District Court for the District of Massachusetts is predicated upon 28 U.S.C. § 1292(b).1 The issue is one of first impression involving the interpretation of the Employee Retirement Income Security Act of 1974 (ERISA), Pub.L.No. 93-406, 88 Stat. 832, 29 U.S.C. §§ 1001-1381.

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