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McGARRY v. SECRETARY OF THE TREASURY

No. 87-5087.

853 F.2d 981 (1988)

Robert C. McGARRY, et al., Appellants, v. SECRETARY OF THE TREASURY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 12, 1988.

Attorney(s) appearing for the Case

David R. Levin, with whom Gerald M. Feder and Edgar N. James, Washington, D.C., were on the brief, for appellants.

Robert S. Pomerance, Atty. Dept. of Justice, with whom Joseph diGenova, U.S. Atty.,* Gary R. Allen and Thomas R. Lamons, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellees Secretary of Treasury and the C.I.R. Michael L. Paup, Washington, D.C., entered an appearance for appellees Secretary of Treasury and C.I.R.

Jean Marie Breen, with whom Gary M. Ford and Robert L. Furst, Washington, D.C., were on the brief, for appellee Pension Benefit Guar. Corp.

Before MIKVA, RUTH BADER GINSBURG and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

A 1986 amendment to the Employee Retirement Income Security Act ("ERISA") provides that when an employer applies to the Internal Revenue Service ("IRS") for a waiver of the pension plan minimum funding requirements set forth in the statute, it must give notice of the waiver application to the union representing the plan participants, and the IRS must consider any relevant information...

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