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KINEK v. GULF & WESTERN, INC.

Nos. 87 Civ. 6973(LBS), 87 Civ. 7023(LBS).

817 F.Supp. 353 (1993)

Charles KINEK, Steve Konik, Ernest Moreno, and Steven Yanecko, and all persons similarly situated, Plaintiffs, v. GULF & WESTERN, INC., and the Pension Plan of the New Jersey Zinc Company for Bargaining Unit Employees, Defendants. PENSION BENEFIT GUARANTY CORPORATION, Plaintiff, v. GULF & WESTERN, INC., and the Pension Plan of the New Jersey Zinc Company for Bargaining Unit Employees, Defendants.

United States District Court, S.D. New York.

As Amended April 8, 1993.

Attorney(s) appearing for the Case

Bredoff & Kaiser, Washington, DC (Julia Penny Clark, Martin S. Lederman, of counsel), Vladeck, Waldman, Elias & Engelhard, P.C., New York City (Seymour M. Waldman, Patricia McConnell of counsel), for Kinek plaintiffs.

Hutton, Ingram, Yuzek, Gainen Carroll & Bertolotti, New York City (Dean Yuzek, Patricia Hewitt, of counsel), for defendants.

Pension Ben. Guaranty Corp., Office of Gen. Counsel, Washington, DC, Carol Connor Flowe, Gen. Counsel, Jeffrey B. Cohen, Deputy Gen. Counsel, Frank D. Allen, Jr., Asst. Gen. Counsel (Sara B. Eagle, Jeffrey J. Altenburg, of counsel), for plaintiff PBGC.

OPINION

SAND, District Judge.

Prior to September 30, 1981, defendant Gulf & Western Industries, Inc. ("G & W"), through one of its divisions, operated three facilities located in Palmerton, Pennsylvania; DePue, Illinois; and Odgensburg, New Jersey. G & W maintained a collectively bargained pension plan (the "G & W Plan") which covered employees at these three facilities, as well as employees at...

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