IN RE CHALLENGE STAMPING AND PORCELAIN CO.

No. 82-1212.

719 F.2d 146 (1983)

In re CHALLENGE STAMPING AND PORCELAIN COMPANY. PENSION BENEFIT GUARANTY CORPORATION, Plaintiff-Appellant, v. Jared H. DICKENS, et al., Defendants-Appellees, John G. Frost, et al., Intervenors-Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 10, 1983.


Attorney(s) appearing for the Case

Henry Rose, Pension Benefit Guar. Corp., James Dulcan, argued, Nina R. Hawes, Lois E. Bruckner, Washington, D.C., John A. Smietanka, U.S. Atty., Grand Rapids, Mich., for plaintiff-appellant.

Larry J. Titley, Schmidt, Howlett, Vant Hof, Snell & Vana, Jon R. Muth, argued, James A. Engbers, Miller, Johnson, Snell, Cummiskey, John D. Tully, argued, Patrick E. Mears, Warner, Norcross & Judd, Gary L. Nicholson, McShane & Bowie, Willis L. Ash, Cholette, Perkins & Buchanan, Grand Rapids, Mich., John G. Frost, Grand Haven, Mich., Paul D. Schroedter, West Olive, Mich., James J. Kobza, Muskegon, Mich., Donald E. Egan, Howard Stein, Katten, Muchin, Zavis, Pearl, Galle, Chicago, Ill., for defendants-appellees.

Before EDWARDS, and KRUPANSKY, Circuit Judges, and PECK, Senior Circuit Judge.


KRUPANSKY, Circuit Judge.

This is an appeal by the Pension Benefit Guaranty Corp. (PBGC), the government corporation which administers employee pension plans when an employer terminates operations, from a decision of Chief Judge Wendell Miles of the Western District of Michigan which held that Heinicke Instruments Co. (Heinicke) did not control Puffer-Hubbard Products, Inc. (formerly known as Challenge Stamping and Porcelain Co.) at the time Puffer-Hubbard ceased...

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