PINEIRO v. PENSION BENEFIT GUAR. CORP.

No. 96 Civ.7392 GEL.

318 F.Supp.2d 67 (2003)

Al PINEIRO, Richard Brooks, and Leonard Beaumont, on behalf of themselves and others similarly situated, Plaintiffs, v. PENSION BENEFIT GUARANTY CORPORATION, as Trustee of the Pan American World Airways, Inc., Cooperative Retirement Income Plan, Defendant.

United States District Court, S.D. New York.

August 26, 2003.


Attorney(s) appearing for the Case

Harvey Katz, Brown Rudnick Berlack Israels LLP, New York, N.Y. (John P. Biedermann and Adam B. Cantor, on the brief), for Plaintiffs Al Pineiro, Richard Brooks, and Leonard Beaumont.

Charles L. Finke, Assistant General Counsel, Pension Benefit Guaranty Corporation, Washington, DC (James J. Keightley, General Counsel, and Jeffrey B. Cohen, Karen L. Morris, Shannon Novey, Joseph Krettek, and Virginia Neiswender, Pension Benefit Guaranty Corporation, Washington, DC; and Lewis R. Clayton, Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, on the brief), for Defendant Pension Benefit Guaranty Corporation.


OPINION AND ORDER

LYNCH, District Judge.

Plaintiffs Al Pineiro, Richard Brooks, and Leonard Beaumont (collectively, "plaintiffs")1 are participants in the Cooperative Retirement Income Plan (the "Plan") that was maintained by Pan American World Airways ("Pan Am") until it was terminated in 1991 as a result of Pan Am's bankruptcy. They bring this action against defendant Pension Benefit Guaranty Corporation ("defendant...

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