UNITED STEELWORKERS OF AM. v. HARRIS & SONS STEEL CO.

No. 82-5369.

706 F.2d 1289 (1983)

UNITED STEELWORKERS OF AMERICA, AFL-CIO AND ITS LOCAL 4805, and James Hopkins v. HARRIS & SONS STEEL COMPANY, Jerome Harris, Morris Garnet, and Irving Gold and HARRIS & SONS STEEL COMPANY, Jerome Harris and Morris Garnet, Third Party Plaintiffs, v. PENSION BENEFIT GUARANTY CORPORATION, Third Party Defendants. PENSION BENEFIT GUARANTY CORPORATION v. HARRIS AND SONS STEEL COMPANY. APPEAL OF PENSION BENEFIT GUARANTY CORPORATION, Plaintiff in C.A. No. 80-3106.

United States Court of Appeals, Third Circuit.

Decided April 28, 1983.


Attorney(s) appearing for the Case

Henry Rose, Gen. Counsel, James N. Dulcan, Asst. Gen. Counsel, Lois Bruckner Parks (argued), Trial Atty., Joan Segal, Pension Benefit Guaranty Corp., Washington, D.C., for appellant.

Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, P.A., Newark, N.J.; Todd M. Sahner (argued), Newark, N.J., on brief for Harris and Sons Steel Co.

Bernard Kleiman, Chicago, Ill., Carl Frankel, Pittsburgh, Pa., Elliot Bredhoff, Jeffrey L. Gibbs, Washington, D.C., for the United Steelworkers of America, AFL-CIO, amicus curiae.

Before ADAMS, GARTH, and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

The Pension Benefit Guaranty Corporation (PBGC), a government agency established by the Employee Retirement Income Security Act of 1974 (ERISA), appeals from a district court determination that the Harris & Sons Steel Company Pension Plan (the Plan) terminated in significant part in July 1972. It is undisputed that the Plan ended completely on August 15, 1976; the case centers on whether the greater portion...

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