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CONNOLLY v. PENSION BENEFIT GUAR. CORP.

No. CV-75-2037-DWW.

631 F.Supp. 640 (1984)

John L. CONNOLLY, et al., etc., Plaintiffs, v. PENSION BENEFIT GUARANTY CORPORATION, etc., Defendant, Woodward Sand Co., Inc.; Penfield & Smith, Inc.; Klema Engineering, Inc.; and Municipal Engineers, Inc., Plaintiffs in Intervention.

United States District Court, C.D. California.

May 1, 1984.

Attorney(s) appearing for the Case

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

Peter H. Gould, Pension Benefit Guar. Corp., George B. Driesen, Washington, D.C., for defendant Pension Benefit Guar. Corp.

Merrill, Schultz & Wolds Ltd., San Diego, Cal., for intervenors Woodward Sand Co., Inc.; Penfield & Smith, Inc.; Klema Engineering, Inc.; and Mun. Engineers, Inc.

Before NELSON, Circuit Judge, and WILLIAMS and KELLEHER, Senior District Judges.

ORDER GRANTING SUMMARY JUDGMENT TO DEFENDANT

Plaintiffs, as trustrees, ("Trustees") of the Operating Engineers Pension Trust ("Pension Trust"), a joint labor-management employee benefit trust created pursuant to Section 302(c)(5) of the Labor Management Relations Act of 1947 [29 U.S.C. § 186(c)(5)], seek summary judgment against defendant Pension Benefit Guaranty Corporation ("PBGC") to the effect that certain provisions of the Employee Retirement Income Security...

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