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CONCORD CONTROL, INC. v. INTERN. UNION, ETC.

Nos. 78-3252 to 78-3254.

647 F.2d 701 (1981)

CONCORD CONTROL, INC., Plaintiff-Appellee, v. INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW), Intervenor-Defendant-Appellant, and Pension Benefit Guaranty Corporation, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 6, 1981.

Rehearing Denied June 24, 1981.

Attorney(s) appearing for the Case

Henry Rose, E. Calvin Golumbic, James N. Dulcan, Pension Benefit Guaranty Corp., Washington, D. C., for Pension Benefit Guaranty Corp.

Thomas Terp, Taft, Stettinius & Hollister, Cincinnati, Ohio, Harold G. Blatt, Bryan, Cave, McPheeters & McRoberts, Juan D. Keller, Michael G. Biggers, St. Louis, Mo., for Concord Control, Inc.

Paul H. Tobias, Tobias & Kraus, Cincinnati, Ohio, John A. Fillion, Jordan Rossen, M. Jay Whitman, Anne M. Trebilcock, Detroit, Mich., for International Union, etc. (UAW).

Susan Grogan Faller, Frost & Jacobs, Cincinnati, Ohio, for The Central Trust Co., intervenor.

Before MERRITT, BROWN and JONES, Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

Concord Control, Inc. (Concord Control) filed this action to obtain a declaratory judgment that the Pension Plan (Plan) for the employees of the K-D Lamp Company was not covered by the plan termination insurance program established by Title IV of the Employee Retirement Income Security Act of 1974 (ERISA). The district court held that the Plan was not covered because it did not "provide for" employer contributions to the Plan after...

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