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PENSION BEN. GUAR. CORP. v. EAST DAYTON TOOL AND DIE, CO.

No. 93-3185.

14 F.3d 1122 (1994)

PENSION BENEFIT GUARANTY, CORPORATION, Plaintiff-Appellant, v. EAST DAYTON TOOL AND DIE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 24, 1994.

Rehearing and Suggestion for Rehearing Denied March 9, 1994.

Attorney(s) appearing for the Case

Deborah West (argued), Jeffrey B. Cohen, Lois Bruckner Parks, Anna Y. Chytl (briefed), Carol Connor Flowe, Pension Ben. Guar. Corp., Office of Gen. Counsel, Washington, DC, for plaintiff-appellant.

Charles J. Faruki, D. Jeffrey Ireland, Paul Leonard Horstman (argued and briefed), Faruki, Gilliam & Ireland, Dayton, OH, for defendants-appellees.

Before: KEITH and NORRIS, Circuit Judges; and ZATKOFF, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 9, 1994.

KEITH, Circuit Judge.

Plaintiff/Appellant Pension Benefit Guaranty, Corp. ("PBGC") appeals the district court's judgment finding the Defendants/Appellees East Dayton Tool and Die Co., Inc. ("East Dayton"), et al., did not control East Dayton's pension plan on its termination date and therefore, were not liable for the pension plan's unfunded benefit liabilities, and its subsequent grant of...

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