MATTER OF ESCO MFG. CO.

No. 93-1681.

33 F.3d 509 (1994)

In the Matter of ESCO MANUFACTURING CO., Debtor. PENSION BENEFIT GUARANTEE CORP., Appellee, v. Gregg PRITCHARD, Trustee in Bankruptcy For Esco Manufacturing, Co., Appellant.

United States Court of Appeals, Fifth Circuit.

September 29, 1994.


Attorney(s) appearing for the Case

William F. LePage, Terrie L. DePratt, Stutzman & Bromberg, P.C., Dallas, TX, for appellant.

Bernard P. Klein, Merrill D. Boone, Office of Gen. Counsel, Washington, DC, for appellee.

Before GOLDBERG, HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges.


GOLDBERG, Circuit Judge:

This case brings to the fore the interrelationship between the bankruptcy laws protecting debtors1 and the pension laws protecting pension plan participants.2 Our analysis of the independent existence and cross fertilization of these two major Congressional enactments leads us to prohibit any attempt to utilize the bankruptcy laws to escape ...

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