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PENSION BEN. GUAR. CORP. v. MIZE CO., INC.

No. 92-1351.

987 F.2d 1059 (1993)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff-Appellee, v. MIZE COMPANY, INCORPORATED; Velma C. Rothwell; William Rothwell, Sr., Administrators of Retirement Plan for Employees of Mize Company, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1993.

Attorney(s) appearing for the Case

Margaret Behringer Maloney, Moore & Van Allen, Charlotte, NC, argued (C. Wells Hall III, Charles E. Johnson, on brief), for defendants-appellants.

James J. Armbruster, Office of the Gen. Counsel, Pension Benefit Guar. Corp., Washington, DC, argued (Carol Connor Flowe, Gen. Counsel, Jeffrey B. Cohen, Deputy Gen. Counsel, Valerie R. Dinkins, Asst. Gen. Counsel, David J. Gzesh, Mary K. Bentley, Office of the General Counsel, Pension Benefit Guar. Corp., Washington, DC; James M. Sullivan, Asst. U.S. Atty., Charlotte, NC, on brief), for plaintiff-appellee.

Before HALL, WILKINSON, and LUTTIG, Circuit Judges.

OPINION

K.K. HALL, Circuit Judge:

Mize Company, Inc., appeals the district court's summary judgment order establishing a termination date for the company's pension plan. We affirm.

I.

Mize, a small North Carolina company, established a pension plan for its employees in 1954. The plan was to be funded through a group annuity contract with Life Insurance Company of Virginia. In 1974, the Employee Retirement Income Security Act (ERISA), Pub...

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