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IN RE JOY GLOBAL, INC.

No. CIV.A. 01-39-KAJ.

346 B.R. 659 (2006)

In re JOY GLOBAL, INC. f/k/a Harnischfeger Industries, Inc., Debtor. Joy Global, Inc., f/k/a Harnischfeger Industries, Inc., Plaintiff, v. Wisconsin Department of Workforce Development, Defendant.

United States District Court, D. Delaware.

July 26, 2006.

Attorney(s) appearing for the Case

Bruce Grohsgal, Esq., Scotta E. McFarland, Esq., Pachulski, Stang, Ziehl, Young, Jones & Weintraub, Wilmington, DE, Or Counsel: David F. Loeffler, Esq., Krukowski & Costello, S.C., Milwaukee, WI, Counsel for Plaintiff.

Stuart B. Drowos, Esq., Delaware Department of Justice, Wilmington, DE, Of Counsel: Richard B. Moriarty, Esq., John R. Sweeney, Esq., Wisconsin Department of Justice, Madison, WI, Counsel for Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ERISA PREEMPTION

JORDAN, District Judge.

I. INTRODUCTION

This is a bankruptcy case. The debtor, Joy Global, Inc. ("Joy Global"), is the successor of Harnischfeger Industries, Inc. ("Harnischfeger"), by virtue of proceedings that followed petitions for relief filed by Harnischfeger and its subsidiaries under Chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 101-1330. Beloit Corporation...

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