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PENSION BEN. GUAR. v. REPUBLIC TECHNOLOGIES

No. 03-4494.

386 F.3d 659 (2004)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff-Appellant, v. REPUBLIC TECHNOLOGIES INTERNATIONAL, LLC, et al., Defendant, United Steelworkers of America, AFL-CIO, CLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 1, 2004.

Attorney(s) appearing for the Case

ARGUED: Susan E. Birenbaum, Pension Benefit Guaranty Corporation, Washington, DC, for Appellant. Lonie Anne Hassel, Groom Law Group, Washington, DC, for Appellee. ON BRIEF: Susan E. Birenbaum, William G. Beyer, Roger Reiersen, Ralph L. Landy, Pension Benefit Guaranty Corporation, Washington, DC, for Appellant. Lonie Anne Hassel, Groom Law Group, Washington, DC, David R. Jury, United Steelworkers of America, Pittsburgh, PA, for Appellee.

Before: BATCHELDER and GIBBONS, Circuit Judges; STAFFORD, District Judge.

OPINION

GIBBONS, Circuit Judge.

In this appeal plaintiff-appellant Pension Benefit Guaranty Corporation ("PBGC") seeks review of the district court's denial of a plan termination date that would permit PBGC to avoid payment of $95 million in unvested "shutdown" benefits to plan participants represented by defendant-appellee United Steelworkers of America ("USWA"). The appeal presents no issue as to the propriety of termination of the relevant benefit plans...

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