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SARAMAR ALUMINUM v. PENSION PLAN FOR EMPLOYEES

Nos. 84-3455, 84-3476 and 84-3478.

782 F.2d 577 (1986)

SARAMAR ALUMINUM COMPANY, Plaintiff-Appellee, v. PENSION PLAN FOR EMPLOYEES OF the ALUMINUM INDUSTRY AND ALLIED INDUSTRIES OF YOUNGSTOWN OHIO METROPOLITAN AREA, Defendant-Appellant (84-3455). Appeal of AEROLITE EXTRUSION CO.; F.A. Pilgrim Co.; Benada Aluminum Products Co.; Superior Industries; Oakwood Billets, Inc.; Hutch Manufacturing Co., Defendants-Appellants (84-3476). Appeal of GENERAL EXTRUSIONS, INC., Defendant-Appellant (84-3478).

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1986.

Rehearing and Rehearing Denied April 11, 1986.

Attorney(s) appearing for the Case

Christopher J. Newman, Henderson, Covington, Stein, Donchess & Messenger, C.A. Covington, Jr., Eldon S. Wright, argued, William E. Fowler, Jr., Youngstown, Ohio, for defendants-appellants.

William R. Hewitt, argued, Warren, Ohio, for plaintiff-appellee.

Gilbert V. Kelling, Jr., Billings, Mont., John T. Mulligan, Cleveland, Ohio, for General Extrusions, Inc.

Before CONTIE, WELLFORD and MILBURN, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 11, 1986.

WELLFORD, Circuit Judge.

This action commenced in state court as a declaratory judgment action filed by Saramar Aluminum Company ("Saramar") against a jointly sponsored employee benefit plan, the Pension Plan for Employees of the Aluminum Industry and Allied Industries of the Greater Youngstown Ohio Metropolitan Area (the "Plan"), and the Plan's administrators...

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