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PENSION BEN. GUAR. CORP. v. BEVERLEY

No. 04-1371.

404 F.3d 243 (2005)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff-Appellee, v. Donald R. BEVERLEY; Martha H. Beverley, Defendants-Appellants, and Don's Trucking Company, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Argued: November 30, 2004.

Decided: April 12, 2005.

Attorney(s) appearing for the Case

ARGUED: Paul McCourt Curley, Canfield, Baer, Heller & Johnston, L.L.P., Richmond, Virginia, for Appellants. Merrill D. Boone, Pension Benefit Guaranty Corporation, Office of the General, Washington, D.C., for Appellee. ON BRIEF: Robert Allen Canfield, Canfield, Baer, Heller & Johnston, L.L.P., Richmond, Virginia, for Appellants. James J. Keightley, General, William G. Beyer, Deputy General, Karen L. Morris, Assistant General, Pension Benefit Guaranty Corporation, Office of the General, Washington, D.C., for Appellee.

Before TRAXLER, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge TRAXLER and Judge DUNCAN joined.

GREGORY, Circuit Judge:

This case involves Pension Benefit Guaranty Corporation's ("PBGC" or "plaintiff") claims of unfunded benefits liability under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1362(a) and (b), which stems from the termination of Don's Trucking Company...

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