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LEWIS v. PENSION BEN. GUAR. CORP.

No. 17-5068.

912 F.3d 605 (2018)

K. Wendell LEWIS, et al., Appellees v. PENSION BENEFIT GUARANTY CORPORATION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 2018.

Reissued December 21, 2018.

Attorney(s) appearing for the Case

Charles L. Finke, Deputy Chief Counsel, pro hac vice, argued the cause for appellant. With him on the briefs were Judith R. Starr, General Counsel, Kenneth J. Cooper, Assistant General Counsel, Paula J. Connelly, Assistant Chief Counsel, and Mark R. Snyder, Attorney.

Anthony F. Shelley, argued the cause for appellees. With him on the brief were Timothy P. O'Toole, and Michael N. Khalil.

Before: Griffith and Pillard, Circuit Judges, and Williams, Senior Circuit Judge.

In this interlocutory appeal, we reverse the district court's decision allowing participants in a pension plan to seek recovery of an increase in the value of plan assets that took place after the plan had been terminated.

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In 2005, Delta Airlines, Inc. ("Delta") filed for bankruptcy and stopped...

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