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PENSION BEN. GUAR. CORP. v. ALLOYTEK, INC.

Nos. 89-1673, 89-1815.

924 F.2d 620 (1991)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff-Appellant Cross-Appellee, v. ALLOYTEK, INC., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 31, 1991.

Attorney(s) appearing for the Case

Jeanne K. Beck, Stephen Schreiber, Carol Connor Flowe, Alan Siff, James Callear (argued), Washington, D.C., John A. Smietanka, U.S. Atty., Office of U.S. Atty., Grand Rapids, Mich., for plaintiff-appellant cross-appellee.

William E. Rohn, H. Edward Paul, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, Mich., Markham R. Leventhal, Tew, Jorden, Schulte & Beasley, Miami, Fla., Judith R. Cohen (argued), Joseph Robert Rackman, Squadron, Ellenoff, Plesent & Lehrer, New York City, for defendant-appellee cross-appellant.

Before KEITH and NORRIS, Circuit Judges, and POTTER, District Judge.

JOHN W. POTTER, District Judge.

This is an appeal and cross-appeal from a final judgment of the district court in an action brought under the Employee Retirement Income Security Act of 1974 entered on May 1, 1989. The cause sub judice will be referred to hereinafter as AlloyTek II. A prior action between the parties, filed on May 12, 1981 captioned AlloyTek, Inc. v. Pension Benefit Guaranty Corporation, No. G81-249...

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