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IN RE SYNTEX FABRICS, INC. PENSION PLAN

Nos. 82-3268, 82-3291.

698 F.2d 199 (1983)

In re The SYNTEX FABRICS, INC. PENSION PLAN. PENSION BENEFIT GUARANTY CORPORATION v. DICENSO, Alfred P., Livermore, Donald L., Bailey, Rodney N., Ohnmeiss, Jr., Raymond F. as Administrative Committee of the Syntex Fabrics, Inc. Pension Plan; Syntex Fabrics, Inc. and Local 186 of the Textile Workers Union of America v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY. Appeal of PENSION BENEFIT GUARANTY CORP., in No. 82-3268. Appeal of Donald LIVERMORE, Raymond Ohnmeiss and Local 186 of the Textile Workers Union of America, in No. 82-3291.

United States Court of Appeals, Third Circuit.

Decided January 19, 1983.

Attorney(s) appearing for the Case

Henry Rose, Gen. Counsel, Mitchell L. Strickler, Deputy Gen. Counsel (argued), James N. Dulcan, Asst. Gen. Counsel, Stephen D. Schreiber, Trial Atty., Renae R. Hubbard, Sp. Counsel, Pension Benefit Guaranty Corp., Washington, D.C., for appellant, Pension Benefit Guaranty Corp.

Robert J. Bach (argued), New York City, Ira H. Weinstock, Harrisburg, Pa., for appellants, Donald Livermore, Raymond Ohnmeiss and Local 186 of the Textile Workers Union of America.

McCormick, Reeder, Nichols, Sarno, Bahl & Knecht, Williamsport, Pa., for Syntex Fabrics, Inc.

Murphy, Mussina, Harris, Travis, Rieders & Humphrey, John M. Humphrey (argued), Williamsport, Pa., for appellee John Hancock Life Ins. Co.

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Pension Benefit Guaranty Corporation (PBGC) appeals from an order of the District Court for the Middle District of Pennsylvania establishing November 11, 1977 as the termination date of a pension plan (Plan) maintained by Syntex Fabrics, Inc. (Syntex) and covered by Subtitle B of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§...

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