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DAVIS v. PENSION BEN. GUAR. CORP.

No. 08-5524.

571 F.3d 1288 (2009)

Thomas G. DAVIS, et al., Appellants v. PENSION BENEFIT GUARANTY CORPORATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 2009.

Attorney(s) appearing for the Case

Anthony F. Shelley argued the cause for appellants. With him on the brief for stay or injunction pending appeal and for expedited consideration and the reply was Timothy P. O'Toole.

James J. Armbruster, Assistant Chief Counsel, Pension Benefit Guaranty Corporation, argued the cause for appellee. With him on the opposition and brief to dispose of the appeal in its entirety were Judith R. Starr, General Counsel, Israel Goldowitz, Chief Counsel, Paula J. Connelly and Garth D. Wilson, Assistant Chief Counsel, and Jean Marie Breen, Attorney.

Concurring opinion filed by Circuit Judge KAVANAUGH, with whom Circuit Judge HENDERSON joins.

BROWN, Circuit Judge.

Approximately 1,700 U.S. Airways current and retired pilots are in the midst of a lawsuit challenging benefit determinations of the Pension Benefit Guaranty Corporation ("PBGC"). A subset of 111 plaintiffs ("the pilots") requested a preliminary injunction to prohibit the PBGC from implementing its benefit determinations while the suit is pending. After considering the four factors for a preliminary injunction, the district court denied the motion...

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