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KINEK v. PARAMOUNT COMMUNICATIONS, INC.

No. 788, 789, Docket 93-6230, 93-6232.

22 F.3d 503 (1994)

Charles KINEK, Ernest Moreno, Steve Konik, Steven Yanecko, Plaintiffs-Appellees, Pension Benefit Guaranty Corporation, Plaintiff-Appellee-Cross-Appellant, v. PARAMOUNT COMMUNICATIONS, INC., Pension Plan of The New Jersey Zinc Company for Bargaining Unit Employees, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 28, 1994.

As Modified on Denial of Rehearing June 13, 1994.

Attorney(s) appearing for the Case

Marvin E. Frankel, New York City (Michael J. Nassau, Robert E. Payne, Kramer, Levin, Naftalis, Nessen, Kamin & Frankel, New York City, of counsel), for appellants-cross-appellees.

Jeremiah A. Collins, Washington, DC (Julia Penny Clark, Martin S. Lederman, Bredhoff & Kaiser, Washington, DC, Patricia McConnell, Vladeck, Waldman, Elias & Engelhard, New York City, of counsel), for plaintiffs-appellees.

Jeffrey B. Cohen, Deputy Gen. Counsel, Pension Benefit Guaranty Corp., Washington, DC (Carol Connor Flowe, General Counsel, Frank D. Allen, Jr., Asst. Gen. Counsel, Sara B. Eagle, Jeffrey J. Altenburg, Pension Benefit Guar. Corp., Washington, DC, of counsel), for appellee-cross-appellant.

Before: MESKILL, WINTER and PRATT, Circuit Judges.

MESKILL, Circuit Judge:

The appeals in these consolidated cases principally require us to determine whether, pursuant to the provisions of the pension plan agreement at issue, the defendant employer and the defendant pension plan were obligated to provide full funding of a portion of a single-employer defined benefit pension plan when that portion was "spun off" into a new plan with a different sponsor. On the plaintiffs' summary judgment motions on the issue of liability...

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