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PENSION BEN. GUAR. CORP. v. ARTRA GROUP, INC.

No. 91-3262.

972 F.2d 771 (1992)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff-Appellant, v. ARTRA GROUP, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 1992.

Attorney(s) appearing for the Case

John H. Secaras, Sol. Gen. Department of Labor, Chicago, Ill., Carol Connor Flowe, John H. Falsey, Marc A. Tenenbaum (argued), Tracy Rickett, James Y. Callear, Pension Ben. Guar. Corp., Legal Dept., Washington, D.C., for plaintiff-appellant.

Marsha A. Tolchin, Adler, Kaplan & Begy, Chicago, Ill., Paul M. Heylman, Scott Robins (argued), Schmeltzer, Aptaker & Shepard, Washington, D.C., James E. Beckley, Beckley & Associates, Wheaton, Ill., for defendant-appellee.

Before CUDAHY and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

CUDAHY, Circuit Judge.

Back when it was called Dutch Boy, Artra Group, Inc. participated in a group pension plan for the benefit of its unionized Chicago employees. When Dutch Boy ceased operations in Chicago, it also stopped participating in the plan. The Pension Benefit Guaranty Corporation (PBGC) now guarantees the pension benefits of Artra's former employees. There is not enough money in the plan to pay those benefits, and the PBGC wants Artra to pay the difference...

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