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PENSION BENEFIT GUAR. CORP. v. DON'S TRUCKING CO., INC.

No. CIV.A. 3:03CV631.

309 F.Supp.2d 827 (2004)

PENSION BENEFIT GUARANTY CORPORATION Plaintiff. v. DON'S TRUCKING COMPANY, INC., et al. Defendants.

United States District Court, E.D. Virginia, Richmond Division.

March 12, 2004.

Attorney(s) appearing for the Case

Nathaniel Rayle, Pension Benefit Guaranty Corporation, Office of the General Counsel, Merrill Debs Boone, Pension Benefit Guaranty Corporation, Office of the General Counsel, Washington, DC, Charles Manley Allen, Jr., Anthony Tacconi, Goodman Allen & Filetti PLLC, Glen Allen, for Pension Benefit Guaranty Corporation, plaintiff.

Robert Allen Canfield, Paul McCourt Curley, Canfield Shapiro Baer Heller & Johnston, Richmond, VA, for Don's Trucking Company, Inc., Donald R. Beverly, Martha H. Beverley, A General Partnership Between Donald R. Beverley and Martha H. Beverley for the Leasing of Real Estate, Name, If Any, Unknown, defendants.

MEMORANDUM OPINION

SPENCER, District Judge.

THIS MATTER comes before the Court on Cross Motions for Summary Judgment filed by Plaintiff Pension Benefit Guaranty Corporation and by Defendants Donald Beverley and Martha Beverley. For the reasons discussed below, Plaintiff's Motion for Summary Judgment is GRANTED and Defendants' Motion for Summary Judgment is DENIED.

I.

Pension Benefit Guaranty Corporation ("PBGC") is a wholly-owned...

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