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CONNOLLY v. PENSION BENEFIT GUARANTY CORP.

No. 81-5361.

673 F.2d 1110 (1982)

John L. CONNOLLY, C. V. Holder, Howard C. Dennis, John C. Maxwell, James J. Kirst, C. William Burke, Kenneth J. Bourguignon, Joseph H. Seymour, Richard L. Corbit, Harold Edwards, Donald E. Nier, William C. Waggoner, Richard Gannon and Alfred Harrison, each in his respective capacity as Trustee of the Operating Engineers Pension Trust, Plaintiffs-Appellants, v. PENSION BENEFIT GUARANTY CORPORATION, a non-profit corporation established within the Department of Labor of the United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 9, 1982.

Attorney(s) appearing for the Case

Wayne Jett, Jett, Clifford & Laquer, Los Angeles, Cal., for plaintiffs-appellants.

James N. Dulcan, Asst. Gen. Counsel, Washington, D.C., for defendant-appellee.

Before WRIGHT, ALARCON and REINHARDT, Circuit Judges.

ALARCON, Circuit Judge:

Members of the Board of Trustees [Trustees] of the Operating Engineer's Pension Trust [Trust], filed a complaint in the district court on June 17, 1975, seeking declaratory judgment, damages, and injunctive relief against defendant, Pension Benefit Guaranty Corporation [PBGC]. Trustees sought to resolve whether their pension plan was a "defined contribution plan" intended by the Employment Retirement Income Security Act [ERISA] to be outside...

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