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PENSION BEN. GUAR. CORP. v. CARTER & TILLERY ENTER.

No. 96-56255.

133 F.3d 1183 (1998)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff-Appellant, v. CARTER & TILLERY ENTERPRISES; Southern Properties; Summit Enterprises Group Ltd.; Larry L. Carter; Cheryl Carter; Lawrence Carter, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 9, 1998.

Attorney(s) appearing for the Case

Patrick S. Menasco and Michael O. Mora, Office of the General Counsel, Washington, DC, for plaintiff-appellant.

David R. Levin, Reish & Luftman, Washington, DC, for defendants-appellees.

Before: HALL, BRUNETTI and RYMER, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Pension Benefit Guaranty Corporation (PBGC), a United States Government Corporation established under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1302(a), appeals the district court's dismissal without prejudice of its complaint seeking (1) payment of unfunded benefit liabilities under 29 U.S.C. § 1362(b), (2) minimum funding contributions under 29 U.S.C...

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