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PENSION COMMITTEE v. PENSION BEN. GUAR. CORP.

No. 92-1228.

991 F.2d 1415 (1993)

PENSION COMMITTEE FOR FARMSTEAD FOODS PENSION PLAN FOR ALBERT LEA HOURLY EMPLOYEES; Pension Committee For Farmstead Foods Pension Plan for Hourly Employees of the Cedar Rapids, Iowa Facility; Farmstead Foods Pension Plan For Albert Lea Hourly Employees; Farmstead Foods Pension Plan for Hourly Employees of the Cedar Rapids, Iowa Facility; Norwest Bank, as trustee for the Farmstead Foods Pension Plan for Albert Lea Hourly Employees and as trustee for the Farmstead Foods Pension Plan for Hourly Employees of the Cedar Rapids, Iowa Facility, Plaintiffs-Appellees, v. PENSION BENEFIT GUARANTY CORPORATION, Defendant-Appellee. UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 6; United Food and Commercial Workers International Union, Local P-3; United Food and Commercial Workers International Union, AFL-CIO, Defendants-Appellants, v. PENSION BENEFIT GUARANTY CORPORATION, In Re: Farmstead Foods Pension Plan for Hourly Employees of the Cedar Rapids, Iowa Facility, Plaintiffs-Appellees. PENSION COMMITTEE FOR FARMSTEAD FOODS PENSION PLAN FOR HOURLY EMPLOYEES OF the CEDAR RAPIDS MEATS, INC., Defendant-Appellee, v. UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, AFL-CIO, its affiliated Locals P-3 and 6, and Plan Participants; Edward A. Anderson; Luverne R. Bock; Wayne Hoyne; Roy E. Kraushaar; John A. Mauer; Roy W. Moyer; Derby G. Olsen; Frank A. Wakefield, Intervenors-Appellants. PENSION BENEFIT GUARANTY CORPORATION, Plaintiff-Appellee, v. Edward A. ANDERSON; Luverne R. Bock; Wayne Hoyne; Roy E. Kraushaar; John A. Mauer; Roy W. Moyer; Derby G. Olsen; Frank A. Wakefield; Intervenors-Appellants, Pension Committee for Farmstead Foods Pension Plan for Albert Lea Hourly Employees, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1993.

Attorney(s) appearing for the Case

Russell Woody, Chicago, IL, argued (Gillian Siegel, Chicago, IL, and Robert Metcalf and Maurice Lazarus, Minneapolis, MN, on the brief), for plaintiffs-appellants.

Nancy S. Heermans, Washington, DC, argued (Carol C. Flowe, Jeffrey B. Cohen, Philip R. Hertz, Lois B. Parks, and Carolyn E. Weissbach, Washington, DC, on the brief), for defendant-appellee.

Before McMILLIAN and MORRIS SHEPPARD ARNOLD, Circuit Judges and BENSON, Senior District Judge.

BENSON, Senior District Judge.

Farmstead Foods (Farmstead) owned and operated Cedar Rapids Meats, Inc. [hereinafter CRM], an Iowa corporation, located in Cedar Rapids, Iowa. It also owned and operated Cornbelt Meats, Inc. [hereinafter Cornbelt], a Minnesota corporation, located in Albert Lea, Minnesota. Through collective bargaining agreements, Farmstead established a pension plan for the hourly employees of CRM and a separate pension plan for the hourly employees...

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