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IN RE WHITE MOTOR CORP.

Nos. 83-3200, 83-3386.

731 F.2d 372 (1984)

In re WHITE MOTOR CORPORATION, Debtor. PENSION BENEFIT GUARANTY CORPORATION, Plaintiff-Appellant (83-3200), Defendant-Appellant (83-3386), v. WHITE MOTOR CORPORATION, Plaintiff-Appellee (83-3200), (83-3386), Creditors' Committee, International Union, UAW, Defendants-Appellees (83-3200).

United States Court of Appeals, Sixth Circuit.

Decided April 12, 1984.

Rehearing and Rehearing Denied June 6, 1984.

Attorney(s) appearing for the Case

Lawrence F. Landgraff (LC) (argued), David R. Levin, Henry Rose, Melanie Nussdorf, Pension Benefit Guar. Corp., Washington, D.C., for plaintiff-appellant.

James H. Woodring (argued), Thomas H. Barnard, Paul B. Campbell, Squire, Sanders & Dempsey, Timothy J. Sheeran, David C. Weiner, David G. Heiman (argued), Gregory M. Gordon, Hahn, Loeser, Freedheim, Dean & Wellman, Cleveland, Ohio, for plaintiff-appellee.

Jordan Rossen, M. Jay Whitman, Claude D. Montgomery, (argued), International Union, UAW, Detroit, Mich., for defendants-appellees.

Before KENNEDY, MARTIN and CONTIE, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 6, 1984.

BOYCE F. MARTIN, Jr., Circuit Judge.

The Pension Benefit Guaranty Corporation appeals the district court's determination that it lacks capacity to maintain a proof of claim against the bankrupt White Motor Corporation for unfunded benefits owed to White Motor employees.

White Motor Corporation is a manufacturer of car and truck equipment. Two of its major plants are located in Cleveland, Ohio and...

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