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U.S. v. PHILLIPS

No. 90-7721.

19 F.3d 1565 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Thermon PHILLIPS, E.B. Rich, USX Corporation a/k/a United States Steel Corporation, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 10, 1994.

Attorney(s) appearing for the Case

Albert C. Bowen, Jr., Beddow, Erben & Bowen, Birmingham, Tommy Nail, Birmingham, AL, for Phillips.

J. Mark White, White, Dunn & Booker, Birmingham, AL, for Rich.

William N. Clark, L. Drew Redden, Redden, Mills & Clark, Reed, Smith, Shaw & McClay, Birmingham, AL, W. Thomas McGough, Jr., Pittsburgh, PA, Leonard L. Scheinholtz, William Bittman, Reed, Smith, Shaw & McClay, Washington, DC, J. Michael Jarboe, Pittsburgh, PA, for USX.

Frank W. Donaldson, U.S. Atty., Birmingham, AL, Michael V. Rasmussen, Asst. U.S. Atty., for appellee.

Dixie L. Atwater, Ogletree, Deakins, Nash, Smoak & Stewart, Washington, DC, for amicus-Chamber of Commerce.

Before TJOFLAT, Chief Judge, COX, Circuit Judge, and FAY, Senior Circuit Judge.

TJOFLAT, Chief Judge:

This case involves a steel producer's payment of kickbacks, in the form of illegal pension payments, to union officials, in violation of the Labor Management Relations ("Taft-Hartley") Act § 302, 29 U.S.C. § 186 (1988), and its failure to notify the employee pension plan's participants that the plan had been amended to provide for such payments, as required by the Employee Retirement Income Security Act ("ERISA") §§ 101, 102...

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