IN RE ONEIDA LTD.

Bankruptcy No. 06-10489 (ALG), Adversary No. 06-01920 (ALG).

383 B.R. 29 (2008)

In re ONEIDA LTD., Reorganized Debtor. Oneida Ltd., Plaintiff, v. Pension Benefit Guaranty Corporation, Defendant.

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

February 27, 2008.


Attorney(s) appearing for the Case

Shearman & Sterling LLP, by William J.F. Roll, III, Douglas P. Bartner, Lynette C. Kelly, Michael H. Torkin, New York, NY, for Plaintiff.

Pension Benefit Guaranty Corp., by Israel Goldowitz, Karen L. Morris, James L. Eggeman, Paula J. Connelly, Lawrence F, Landgraff, Erika E. Barnes, Washington, D.C., for Office of the Chief Counsel.

Steptoe & Johnson LLP, by Greg Yates, Charles G. Cole, New York, NY, for Defendant.


MEMORANDUM OF OPINION

ALLAN L. GROPPER, Bankruptcy Judge.

On February 8, 2006, the President signed the Deficit Reduction Act of 2005 ("DRA"), an appropriations bill designed to reduce the deficit in connection with the 2006 fiscal-year budget. One section of this legislation (the "DRA Amendment") amended the Employee Retirement Income Security Act of 1974 ("ERISA") to create an additional premium for pension plans terminated as part of an in- or out-of...

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