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PENSION BEN. GUAR. CORP. v. J.D. INDUSTRIES, INC.

No. 1:92-CV-859.

887 F.Supp. 151 (1994)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff, v. J.D. INDUSTRIES, INC.; TFI, Inc. General Boat, Inc.; and Wittek Industries, Inc., Defendants.

United States District Court, W.D. Michigan, Southern Division.

October 25, 1994.

Attorney(s) appearing for the Case

Agnes M. Kempker-Cloyd, U.S. Asst. Atty., Michael H. Dettmer, U.S. Atty., Grand Rapids, MI, Bruce H. James, Pension Ben. Guar. Corp., Office of Gen. Counsel, Washington, DC, for Pension Ben. Guar. Corp.

Robert J. Dugan, Rhoades, McKee, Boer, Goodrich, et al., Grand Rapids, MI, Stephen A. Rothschild, Shumaker, Loop & Kendrick, Toledo, OH, for J.D. Industries, Inc., TFI, Inc., General Boat, Inc., and Wittek Industries, Inc.

OPINION

ROBERT HOLMES BELL, District Judge.

In this case, the Pension Benefit Guaranty Corporation (PBGC) seeks to recover a principal amount of $408,198.00 plus interest pursuant to 29 U.S.C. §§ 1362 and 1368 as a result of an unfunded pension plan (Plan) of Century Boat, Inc. (Century), which corporation PBGC alleges was "under common control" of Defendants. Before the Court at this time is PBGC's motion for partial summary judgment.

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