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SEAWAY PORT AUTHORITY v. DULUTH-SUPERIOR ILA MARINE

No. 89-5601MN.

920 F.2d 503 (1990)

SEAWAY PORT AUTHORITY OF DULUTH, Appellee, v. DULUTH-SUPERIOR ILA MARINE ASSOCIATION RESTATED PENSION PLAN; and The Board of Trustees of the Duluth-Superior ILA Marine Association Restated Pension Plan, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 30, 1990.

Attorney(s) appearing for the Case

Kenneth D. Butler, Duluth, Minn., for appellants.

Robert C. Maki, Duluth, Minn., for appellee.

Before WOLLMAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MAGILL, Circuit Judge.

MAGILL, Circuit Judge.

In this declaratory judgment action, the Duluth-Superior ILA Marine Association Restated Pension Plan and its trustees (the Trustees) appeal from the district court's1 order granting the Seaway Port Authority of Duluth's (SPAD) motion for summary judgment on the ground that SPAD was not an "employer" on or before May 28, 1987, for the purposes of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S...

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