PENSION BENEFIT GUARANTY CORP. v. HEPPENSTALL CO.

Nos. 79-2224, 79-2225.

633 F.2d 293 (1980)

Pension Agreements Between Heppenstall Company and the United Steelworkers of America, Local Union Nos. 1601 and 7378. PENSION BENEFIT GUARANTY CORPORATION, Appellant, v. HEPPENSTALL COMPANY and United Steelworkers of America, Local 1601 and United Steelworkers of America, Local 7378. Pension Agreements Between Heppenstall Company and the United Steelworkers of America, Local Union Nos. 1601 and 7378. PENSION BENEFIT GUARANTY CORPORATION, Applicant, v. HEPPENSTALL COMPANY and United Steelworkers of America, Local 1601 and United Steelworkers of America, Local 7378. Appeal of UNITED STEELWORKERS OF AMERICA, AFL-CIO.

United States Court of Appeals, Third Circuit.

Decided July 30, 1980.


Attorney(s) appearing for the Case

Henry Rose, Mitchell L. Strickler, James N. Dulcan, Stephen D. Schreiber, argued, Renae R. Hubbard, Washington, D. C., for appellant, Pension Benefit Guaranty Corp.; Bernard Kleiman, Chicago, Ill., of counsel.

William H. Powderly, III, argued, Richard D. Brown, Hollis J. Garfield, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellee, Heppenstall Co.

Daniel P. McIntyre, argued, Pittsburgh, Pa., for appellees, cross-appellants, United Steelworkers of America.

Before SEITZ, Chief Judge, and GIBBONS and ROSENN, Circuit Judges.


GIBBONS, Circuit Judge.

Pension Benefit Guaranty Corporation (PBGC) appeals from an order of the district court fixing June 28, 1979, as the date of termination of a pension plan maintained by Heppenstall Company (the employer) and covered by Subtitle B of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1321 et seq. (1976). The United Steelworkers of America (the union), a collective bargaining representative which negotiated for...

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