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RETTIG v. PENSION BEN. GUAR. CORP.

No. 84-5260.

744 F.2d 133 (1984)

Gene RETTIG, et al., Appellants, v. PENSION BENEFIT GUARANTY CORPORATION.

United States Court of Appeals, District of Columbia Circuit.

Decided September 11, 1984.

Attorney(s) appearing for the Case

Mark A. Borenstein, Los Angeles, Cal., with whom Karen W. Ferguson and Stephen R. Bruce, Washington, D.C., were on brief, for appellants. Miles N. Ruthberg, Los Angeles, Cal., also entered an appearance for appellants.

Mitchell L. Strickler, Deputy Gen. Counsel, Pension Ben. Guar. Corp., Washington, D.C., with whom Renae R. Hubbard, Sp. Counsel, Pension Ben. Guar. Corp., Washington, D.C., was on brief, for appellee.

Before ROBINSON, Chief Judge, WALD, Circuit Judge, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge.

Saverio Ramputi and Herta Rettig had each worked for over thirty-five years for their employer, Lidz Brothers, Inc., when the company went out of business in 1978. Because the company's pension plan had insufficient assets to cover their vested benefits, the plaintiffs along with other plan participants turned to the Pension Benefit Guaranty Corporation (PBGC) to guarantee coverage of...

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