Kenneth J. ROSA, Brian O'Connor, Gerald L. Negri, Herbert J. Kupfer, Priscilla Carpenter, Individually, and on Behalf of All Participants and Beneficiaries of the City Savings Bank, F.S.B., Minimum Benefit Retirement Plan (formerly, the "City Federal Savings Bank Minimum Benefit Retirement Plan")
v.
RESOLUTION TRUST CORPORATION, in its Corporate Capacity, and as Receiver of City Federal Savings Bank, as Receiver of City Savings Bank, F.S.B. and as Conservator for City Savings, F.S.B., City Federal Savings Bank; Manufacturers Hanover Trust Company, a New York Corporation, City Savings, F.S.B. ("City Savings"), City Savings Bank, F.S.B. ("City Savings Bank"),
Pension Benefit Guaranty Corporation, Intervenor,
Resolution Trust Corporation, City Federal Savings Bank, City Savings Bank, F.S.B., and City Savings, F.S.B., Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 11, 1991.
Further Briefing Completed April 1, 1991.
Decided June 27, 1991.
Attorney(s) appearing for the Case
Roger B. Kaplan (argued), Laura V. Studwell, Richard B. Robins, Wilentz, Goldman & Spitzer, Woodbridge, N.J., for appellees Kenneth J. Rosa, Brian O'Connor, Gerald L. Negri, Herbert J. Kupfer and Priscilla Carpenter, individually and on behalf of all participants, etc.
Dennis S. Klein (argued), Robert P. Fletcher, Hopkins & Sutter, Washington, D.C., Arthur Meisel, Ann F. Kiernan, Jamieson, Moore, Peskin & Spicer, Princeton, N.J., for appellants.
Sarah L. Reid, Kelley, Drye & Warren, New York City, for appellee Mfrs. Hanover Trust Co.
Carol Connor Flowe, Jeanne K. Beck, Deborah West (argued), Deborah J. Bisco, Pension Benefit Guar. Corp., Washington, D.C., for intervenor Pension Benefit Guar. Corp.
Before STAPLETON, GREENBERG and SEITZ, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SEITZ, Circuit Judge.
Defendants Resolution Trust Corporation, City Federal Savings Bank, City Savings Bank, F.S.B., and City Savings, F.S.B. ("appellants") appeal the order of the district court granting plaintiffs, participants in and beneficiaries of a pension plan, a preliminary injunction. This court has jurisdiction pursuant to 28 U.S.C. § 1292(a)(1) (1988). We review for abuse of...
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