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PENSION BEN. GUAR. CORP. v. SCHERLING

No. C88-0101.

719 F.Supp. 785 (1989)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff, v. Richard E. SCHERLING and Harold Wendorf, Defendants.

United States District Court, N.D. Iowa, Cedar Rapids Division.

April 4, 1989.

Attorney(s) appearing for the Case

Carol Connor Flowe, Gen. Counsel, Jeanne K. Beck, Deputy Gen. Counsel, Harold J. Ashner, Acting Asst. Gen. Counsel, James J. Armbruster, Ralph L. Landy, Attys., Pension Ben. Guar. Corp., Washington, D.C., Paul C. Lillios, Asst. U.S. Atty., Cedar Rapids, Iowa, for plaintiff.

David M. Elderkin, Cedar Rapids, Iowa, for defendant Harold Wendorf.

Raymond R. Stefani, William O. Gray, Cedar Rapids, Iowa, for defendant Richard E. Scherling.

ORDER

HANSEN, District Judge.

This matter is before the court on defendant Wendorf's resisted motion to dismiss, filed August 17, 1988, and defendant Scherling's resisted motion to dismiss, filed August 22, 1988. The defendants assert identical arguments in support of their pending motions which attack the Pension Benefit Guaranty Corporation's (PBGC) action as being brought outside of the statute of limitations.

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