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DYCUS v. PENSION BENEFIT GUAR. CORP.

No. 96-2146.

133 F.3d 1367 (1998)

Julian DYCUS, Willie Lee Jones, Joel Gause, James Mashaw, Warren G. Hardin, Arthur Price, Jimmy R. Janes, Bill M. Rea, Floyd M. Bartlett, Edward M. Ledford, George Hamilton, Truman O. Ferguson, James N. Stanley, Dolphie T. Meiers and Joaquin R. Balderama, Plaintiffs-Appellants, v. PENSION BENEFIT GUARANTY CORPORATION, a United States corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 20, 1998.

Attorney(s) appearing for the Case

W.T. Martin, Jr., Carlsbad, NM, for Plaintiffs-Appellants.

Nancy S. Heermans, Senior Counsel (James J. Keightley, General Counsel, Jeffrey B. Cohen, Deputy General Counsel, Deborah West, Senior Assistant General Counsel, Marc A. Tenenbaum and Sara B. Eagle, Attorneys, with her on the briefs), Pension Benefit Guaranty Corporation, Washington, DC, for Defendant-Appellee.

Before SEYMOUR, Chief Judge, LOGAN and MURPHY, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiffs appeal the district court's judgment affirming a decision by defendant Pension Benefit Guaranty Corporation (PBGC) denying plaintiffs' request for certain pension benefits.1 Plaintiffs, hourly employees at a potash mine formerly owned by Potash Company of America (PCA), brought this action under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, claiming entitlement to...

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