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WEIL v. RETIREMENT PLAN ADMINISTRATIVE COMMITTEE

Nos. 1126, 1239, Dockets 89-9223, 89-9255.

933 F.2d 106 (1991)

Warren WEIL and Maria Galuppo, Plaintiffs-Appellees, Cross-Appellants, v. RETIREMENT PLAN ADMINISTRATIVE COMMITTEE of the TERSON CO., INC., the Terson Co., Inc., the Northern Trust Co., as Trustees of the Terson Co., Inc. Salaried Retirement Plan, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

May 1, 1991.

Attorney(s) appearing for the Case

Ellen S. Mendelson (Sidney Eagle, Mitchell Shenkman, Eagle & Fein, P.C., New York City, of counsel), for plaintiffs-appellees, cross-appellants.

Logan T. Johnston, Phoenix, Ariz. (Johnston, Maynard, Grant & Parker, Phoenix, Ariz., Richard W. Cutler, New York City, of counsel), for defendants-appellants, cross-appellees.

Shirley D. Peterson, Asst. Atty. Gen. (Gary R. Allen, Richard Farber, Bruce R. Ellisen, Attorneys, Tax Div., Dept. of Justice, Washington, D.C., Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City, of counsel), for U.S. as amicus curiae.

Before MESKILL, CARDAMONE and PIERCE, Circuit Judges.

ON PETITION FOR REHEARING

PIERCE, Senior Circuit Judge:

We grant the petition for rehearing of plaintiffs Warren Weil and Maria Galuppo. In our prior opinion, 913 F.2d 1045 (2d Cir.1990) ("Weil II"), familiarity with which is assumed, we reversed the district court's judgment that a partial termination of the Retirement Plan for Salaried Employees of The Terson Company, Inc. ("Plan") had occurred under 26 U.S.C. ...

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