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McGARRY v. SECRETARY OF TREASURY

Civ. A. No. 87-551.

656 F.Supp. 1034 (1987)

Russell C. McGARRY, et al., Plaintiffs, v. SECRETARY OF the TREASURY, et al., Defendants.

United States District Court, District of Columbia.

March 23, 1987.

Attorney(s) appearing for the Case

Gerald M. Feder and David R. Levin, Feder & Associates, Washington, D.C., for Russell C. McGarry and Marty E. Urra.

Edgar N. James, Guerrieri & Sweeney, Washington, D.C., for Intern. Ass'n of Machinists, Dist. Lodge 100.

J. Brian Ferrell, Tax Div., Dept. of Justice, and Roger J. Lerner, Pension Ben. Guar. Corp., Washington, D.C., for defendants.

MEMORANDUM OPINION

THOMAS F. HOGAN, District Judge.

Plaintiffs are trustees, participants, and an employee organization representing participants in Eastern Airlines' ("Eastern") employee pension benefit plan (the "Plan"), established under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. They contend that defendants the Secretary of Treasury and Commissioner of the Internal Revenue Service (hereafter referred to...

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